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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

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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

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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