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Shaffer and Gao on China's Marshall Plan

Greg Shaffer and Henry Gao have a new paper called "A New Chinese Economic Law Order?" Here is the abstract: China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understandings, contracts, and trade and
Simon Lester 14 Apr 2019 3 min read

Celebrating 30 years of TPRM but noting it could be much better

It is great to see the WTO’s news item on 12 April celebrating the 30th anniversary of the Trade Policy Review Mechanism (see https://www.wto.org/english/news_e/news19_e/tpr_12apr19_e.htm   and https://www.wto.org/english/tratop_e/tpr_e/tprm30_e.htm
Brett Williams 13 Apr 2019 1 min read

Book Release: Building Legal Capacity for a More Inclusive Globalization

This is from the Center for Trade and Economic Integration (CTEI) at the Graduate Institute in Geneva: The Center for Trade and Economic Integration (CTEI) at the Graduate Institute in Geneva announces the release of a new edited book by Joost Pauwelyn and Mengyi Wang, entitled "Building Legal Capacity
Inu Manak 13 Apr 2019 2 min read

Annual Update on WTO Dispute Settlement is Today!

The Graduate Institute's Annual Update on WTO Dispute Settlement is today, Wednesday, April 10, 5-7pm Geneva time. If you cannot be there in person, we are live-streaming the event here: http://tinyurl.com/y5g3beww PROGRAMME 17:00 to 17:30 OVERVIEW OF ACTIVITIES AND DEVELOPMENTS IN 2018 WTO
Joost Pauwelyn 10 Apr 2019 2 min read

The Evolving Role of Precedent in WTO Dispute Settlement

Here are some snippets from today's panel report in the DS534 case (report, addendum with interim review section): 7.56. .... We recall that the panel in US – Washing Machines concluded, relying on the definition of pattern as a regular and intelligible form or sequence, that prices that are
Simon Lester 09 Apr 2019 2 min read

DSU Reform Proposals from Andy Stoler

Former WTO DDG Andy Stoler has some proposals for changes to WTO DS in response to the Appellate Body crisis. I don't agree with all of them, but they are certainly interesting. Some of them are pretty bold! Here are a few: Review of facts / treatment of municipal
Simon Lester 08 Apr 2019 4 min read

A WTO’s “Kompetenz-Kompetenz” Moment

This is a supplemental post to Simon’s earlier one that provides an excellent summary of the Russia – Traffic in Transit panel report.  Here are some aspects of the panel report that I found interesting and worth further reflection. First, one might say that this landmark decision is characteristic of
Sungjoon Cho 05 Apr 2019 2 min read

The Russia - Traffic in Transit Panel Report

The Russia - Traffic in Transit panel report was circulated today. The big systemic issue here is the interpretation of GATT Article XXI, and the question of to what extent panels or the AB can scrutinize challenged measures when Article XXI has been invoked. Recall that GATT Article XXI says:
Simon Lester 05 Apr 2019 5 min read

My New Article Criticizing the Trump Administration's Trade and Climate Policies

Blog readers may be interested in my new article titled "How American Rejectionism Undermines International Economic Law" published in 2019 in Volume 10 of Trade, Law and Development. Abstract:  The completion of the Trump Administration’s first two years is an appropriate moment to take stock of the
Charnovitz 03 Apr 2019 1 min read

New Proposal to Strengthen WTO Notification Requirements: From Dispute Settlement to Compliance Regime?

In a period where “trade wars” and the Appellate Body (AB) deadlock are getting most of the airtime, an April 1 proposal by nine WTO Members, including the EU and the US, but also Argentina and Costa Rica, to “strengthen notification requirements under WTO agreements” is both refreshing and intriguing
Joost Pauwelyn 03 Apr 2019 2 min read

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Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

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