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Guest Post: Brexit. Maybe not such bad news for intra-EU investment awards after Achmea?

This is a guest post from Szilárd Gáspár Szilágyi, Postdoctoral Fellow, PluriCourts, University of Oslo On 29 March 2019, 11 pm, the UK will officially leave the European Union, unless by some miracle it decides to withdraw its notification to exit the Union. Everyone is anxiously awaiting the outcome of
Simon Lester 28 Nov 2018 5 min read

Geoeconomics: The Variable Relationship Between Economics and Security

This is more from Anthea Roberts, Henrique Choer Moraes, Victor Ferguson on geoeconomics at the Lawfare blog: There has been much consternation (particularly in the United States) about China’s use of geoeconomic strategies, meaning the “use of economic instruments to promote and defend national interests, and to produce beneficial
Simon Lester 27 Nov 2018 1 min read

Do Anti-Dumping Measures Address Market Distortions?

This is from the latest WTO monitoring report on G20 trade measures: Regarding trade remedy actions, it has been highlighted in discussions among G20 economies, as well as more broadly in the WTO, that some of these measures are taken to address what is perceived by some as a market
Simon Lester 25 Nov 2018 1 min read

Some Questions About "Gap-Filling"

In its statement at the November 21 DSB meeting, the U.S. responds as follows to China's argument that it should be able to "include persons other than government officials" in consultations under the DSU: 24. RIGHT OF A MEMBER TO DECIDE THE COMPOSITION OF ITS
Simon Lester 25 Nov 2018 2 min read

Guest Post: The U.S. and China Rivalry: Geo-Political Context of Free Trade Agreements

This is a guest post from Bashar H. Malkawi (Dean and Professor of Law, University of Sharjah) International trade constitutes a vital lynchpin of the global governance architecture with a staggering $20 Trillion of annual trade. The global trade order consists of trade policies and systems – in particular free trade
Simon Lester 21 Nov 2018 4 min read

The Geoeconomic World Order

Here is the opening of a new blog post from Anthea Roberts, Henrique Choer Moraes, and Victor Ferguson over on Lawfare: We appear to be entering into a new geoeconomic world order, characterized by great power rivalry between the United States and China and the clear use of economic tools
Simon Lester 19 Nov 2018 1 min read

GATT Article XX and non-GATT WTO Agreements

Last week's Thailand - Cigarettes (Philippines), Article 21.5 panel report considered the issue of whether GATT Article XX can provide a defense to claims under the Customs Valuation Agreement: 7.732. Thailand argues that, insofar as the Charges are inconsistent with the provisions of the CVA, such inconsistency
Simon Lester 19 Nov 2018 7 min read

More WTO Complaints Against China, Including an "Adverse Effects" Nullification or Impairment Claim

Along with Jim Bacchus and Huan Zhu, I have a new Cato paper out today on using the WTO to make China more market-oriented. Some of the main points are: -- China's economic ambition is good. The world is better off with a wealthier China. -- However, China does
Simon Lester 15 Nov 2018 7 min read

More on How to Determine Whether a Measure is a Safeguard Measure

In the India - Iron and Steel Products panel report circulated last Wednesday, the panel explained that it would consider the question of whether the measure at issue is a safeguard measure: 7.30. In this dispute, most of the claims have been raised by Japan under Article XIX of the
Simon Lester 11 Nov 2018 3 min read

Investment Arbitration Workshop in Oslo

The folks at Pluricourts asked me to post the following: Call for papers: The ISDS Academic Forum, together with PluriCourts Centre for Excellence (LEGINVEST) and Forum for Law & Social Science at the University of Oslo, will host a workshop on reforming international investment arbitration in Oslo 1-2 February
Simon Lester 11 Nov 2018 1 min read

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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

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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