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New EU Consultations Request on (Alleged) Chinese Forced Technology Transfer

The EU has filed a new consultations request in the DS549 dispute. This request includes claims under Section 7(3) of China's Accession Protocol, such as the following one: (1) The Regulations for the Implementation of the Law of the People’s Republic of China on Chinese-Foreign Equity
Simon Lester 20 Dec 2018 2 min read

Persuasive Value vs. Precedent in Appellate Body Reasoning

At yesterday's DSB meeting, the U.S. had a 26 page statement (pp. 9-35) on "precedential value of panel or Appellate Body reports." You may need to read the whole thing to fully digest their argument, but here are some key portions: 10. The United States
Simon Lester 19 Dec 2018 4 min read

EU Requests Labor Consultations with Korea

From the European Commission: The EU today requested formal consultations with the government of the Republic of Korea regarding the implementation of the sustainable development commitments under the EU-Korea trade agreement. The aim is to open a dedicated channel of communication to find an amicable and mutually satisfactory solution to
Simon Lester 17 Dec 2018 1 min read

New From the WTO: GATT Disputes: 1948-1995

From the WTO: GATT Disputes: 1948-1995 looks into the evolution of dispute settlement under the General Agreement on Tariffs and Trade (GATT) 1947, which served as the foundation for the Dispute Settlement Understanding created by the Marrakesh Agreement Establishing the WTO. The two volumes represent the first comprehensive effort to
Simon Lester 16 Dec 2018 1 min read

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

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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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