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Essays in Honour of Valerie Hughes: Appellate Review, WTO Secretariat Handling FTA Disputes, and Much More

Nicolas Lamp recently put together a book honoring the great Valerie Hughes: "Reckoning and Renewal: The World Trade Organization and Its Dispute Settlement System at 30, Essays in Honour of Valerie Hughes."
Simon Lester 13 Jan 2026 3 min read

Some Interesting Provisions in the EU-Mercosur Interim Trade Agreement DS Chapter

We appear to be moving closer to a completed EU-Mercosur trade agreement, with the European Council announcing last week that it had "adopted two decisions authorising the signature of the EU-Mercosur Partnership Agreement (EMPA) and of the Interim Trade Agreement (iTA) between the EU and Mercosur."
Simon Lester 12 Jan 2026 3 min read

2025 Had the Most WTO Complaints Since 2019

Despite the ongoing crisis with the WTO Appellate Body, which has been only partially solved by the creation of the MPIA, 2025 saw a bit of an increase in the filing of requests for consultations under the DSU.
Simon Lester 08 Jan 2026 1 min read

Guest Post: Threat-Based Trade Remedies in the EU: Increasing Use Amid Urgent Climate Objectives

This is a guest post from Florin D. Dascalescu, Senior legal counsel at the European Investment Fund (EIF) Introduction This post is based on my recent article published in the Journal of World Trade (JWT),[i] which examines several legal concepts by using as an example the EU anti-subsidy
Simon Lester 06 Jan 2026 8 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American
Simon Lester 05 Jan 2026 5 min read

Questions about the Trump Administration's Trade Deals and Compatibility with WTO Obligations

An issue that has been raised in relation to the Trump administration's various trade deals is whether they are compatible with WTO obligations. GATT Article XXIV, along with the Uruguay Round Understanding on the Interpretation of Article XXIV, sets out specific conditions that bilateral/regional deals on trade
Simon Lester 02 Jan 2026 4 min read

The U.S. Comments On the MPIA and Treaty Interpretation

At the December 19 DSB meeting, the U.S. tied one of its broad criticisms of the WTO dispute settlement system to a recent criticism by another WTO Member of a specific MPIA award: • We would like to make one further point in response to the interventions we just heard
Simon Lester 31 Dec 2025 4 min read

Call for Papers: 2026 ILA-ASIL EastMed-MENA Research Forum

This is from Anastasios Gourgourinis, George Dimitropoulos, and Marios Tokas: The 2026 ILA-ASIL EastMed-MENA Research Forum, organized by the International Law Association - Hellenic Branch and the American Society of International Law, invites paper proposals for its meeting on 9–10 July 2026 in Athens, Greece. The 2026 edition
Simon Lester 30 Dec 2025 1 min read

Scheduling Is the Ace in the Hole

by Carlo M. Cantore[1] & Petros C. Mavroidis[2]  1. Consensus as Insurance Against the Waning of MFN The WTO membership has been mulling over the legal status of completed JSIs (Joint Statement Initiatives). JSIs are not multilateral agreements. They could become plurilateral agreements, if the membership (including those
Petros C. Mavroidis, Carlo M. Cantore 29 Dec 2025 8 min read

The U.S. Argument for Limiting MFN

In the communication to the WTO that I mentioned in the last post, the U.S. put forward a critique of the MFN principle: Most Favored Nation (MFN) Principle 3.1. The MFN principle, which seeks to prevent discriminatory trade practices and promote equal treatment among trade partners, was designed
Simon Lester 18 Dec 2025 3 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

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