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Petersmann on "How should WTO members respond to the WTO Appellate Body crisis?"

This is a guest post from professor and long-time GATT/WTO Secretariat lawyer Ernst-Ullrich Petersmann : ERNST-ULRICH PETERSMANN * European University Institute, Florence (Italy) 1. The US blocking of the filling of WTO Appellate Body (AB) vacancies, since spring 2017, on grounds not related to the personal qualifications of proposed AB candidates
Simon Lester 13 Dec 2018 11 min read

Three (Or More) Narratives about Globalization's Winners and Losers

Nicolas Lamp has a new paper out called, "How Should We Think about the Winners and Losers from Globalization? Three Narratives and their Implications for the Redesign of International Economic Agreements." This is from the intro: In the wake of Brexit and the widespread public opposition to new
Simon Lester 12 Dec 2018 8 min read

Jennifer Hillman: Three Approaches to Fixing the Appellate Body

Jennifer Hillman has a new IIEL Issues Brief called "Three Approaches to Fixing the World Trade Organization’s Appellate Body: The Good, the Bad and the Ugly?" Her three approaches are: 1. The Good — A Separate System for Trade Remedies (with two possibilities: "Special Appellate Body for
Simon Lester 11 Dec 2018 1 min read

Call for Papers: E-commerce and its Linkages with Services and Investment

The Centre for WTO Studies, CRIT, Indian Institute of Foreign Trade will be hosting a conference from March 07-08, 2019 in New Delhi. The conference is aimed at discussing theoretical and empirical research on emerging areas in e-commerce and its linkages with services trade and investment. It intends to invite
Inu Manak 11 Dec 2018 1 min read

Yale Journal of International Law Online Symposium on "International Trade in the Trump Era"

The Yale Journal of International Law is hosting an online symposium on "International Trade in the Trump Era," featuring an introduction by Kathleen Claussen (University of Miami School of Law) and David Singh Grewal (Yale Law School) and essays by Rachel Brewster, Tim Meyer, Joel Trachtman, Greg Shaffer,
Simon Lester 10 Dec 2018 1 min read

Book Launch on GATT Disputes

This is a great project from the WTO: The publication GATT Disputes: 1948-1995, published by the Secretariat of the World Trade Organization (WTO), will be launched at the WTO Headquarters at 11:30 on Friday, 14 December 2018. Geneva, WTO Headquarters - Room D 14 DECEMBER 2018 In celebration of
Simon Lester 08 Dec 2018 1 min read

The Sunset Clause and Written Confirmation by the "Head of Government"

Recall that para. 3 of the new NAFTA's sunset clause says: "each Party shall confirm, in writing, through its head of government, if it wishes to extend the term of this Agreement for another 16-year period." Over on Twitter, Joel points to another Congressional/Executive balance
Simon Lester 06 Dec 2018 1 min read

The Sunset Clause and the Congressional/Executive Balance of Power

Recall that the sunset clause in the new NAFTA says, "each Party shall confirm, in writing, through its head of government, if it wishes to extend the term of this Agreement for another 16-year period." While the written confirmation comes from the "head of government," the
Simon Lester 06 Dec 2018 1 min read

How Exactly Will the New NAFTA's Sunset Clause Work?

The final version of the sunset clause in the new NAFTA (USMCA) reads as follows: Article 34.7: Review and Term Extension 1. This Agreement shall terminate 16 years after the date of its entry into force, unless each Party confirms it wishes to continue this Agreement for a new
Simon Lester 05 Dec 2018 2 min read

Guest Post: RIP NAALC: North American Agreement on Labor Cooperation

This is a guest post from University of Miami law prof Kathleen Claussen: The legal scrub of the labor chapter of the USMCA did not yield many changes since the publication of the draft text two months ago – a few “any”s became “a”s and a few “agree”s
Simon Lester 04 Dec 2018 2 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 4 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

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