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What Is the Precedential Value of Appellate Body Reports?

This is from USTR's 2018 Trade Policy Agenda and 2017 Annual Report (p. 28), released yesterday: v. The Appellate Body claims its reports are entitled to be treated as precedent Without basis in the DSU, the Appellate Body has asserted its reports effectively serve as precedent and that
Simon Lester 01 Mar 2018 2 min read

Appellate Body Reform Proposals from the IIEL

In a new Issue Brief, which it describes as "a product of discussions between IIEL faculty, students and stakeholders," Georgetown's Institute of International Economic Law has the following proposals for reforming the Appellate Body transition rules: Proposal 1: Limit Carry-Over to Disputes Where the Hearing Has
Simon Lester 01 Mar 2018 1 min read

When Does "Should" Really Mean "Shall"?

As we all know, "should" means something very different from "shall." Except when it doesn't. This is from the Korea - Radionuclides panel report circulated last week: 7.9.5.1 Does Annex C(1)(g) impose a positive obligation? 7.426. Japan relies
Simon Lester 25 Feb 2018 4 min read

International Law Professor Position at the University of Ottawa

Debra Steger passes along information on an international law professor position at the University of Ottawa: The Common Law Section of the Faculty of Law at the University of Ottawa invites applications for the following tenure-track faculty positions. Title of the position: Assistant Professor or Associate Professor Area of expertise:
Simon Lester 25 Feb 2018 1 min read

CORRECTION:The Betrayal of Jacinda: New Zealand's Safeguards on Investor-State Dispute Settlement Gutted in Final TPP Text?

Those of you who read the original version of this post, Simon Lester has pointed out that there may be a confusion.  Please disregard, til I come back with something more developed.
Rob Howse 22 Feb 2018 1 min read

Would TPA Allow a Trade and Investment Split in NAFTA?

This is from Inside US Trade: During a meeting with their U.S. counterparts this week, Canadian negotiators will pitch the elimination of the deal’s investor-state dispute settlement provision -- and the U.S. is expected to agree to that proposal, allowing for what private-sector and congressional sources called
Simon Lester 21 Feb 2018 2 min read

The New TPP

The revised text is out, courtesy of New Zealand and Canada (and perhaps others -- I didn't check all of them). The first thing to note is that we all -- that is, everyone who responded to my tweet about this -- have agreed to keep calling it
Simon Lester 20 Feb 2018 1 min read

Conference on Trade, Investment, Tax and Sustainable Development 14-15 June — Call for papers

This is from the Chinese University of Hong Kong and the Leuven Centre for Global Governance Studies: The Chinese University of Hong Kong and the Leuven Centre for Global Governance Studies are jointly organizing a conference on "The EU and its Partners in Global Governance: Trade, Investment, Tax and
Inu Manak 20 Feb 2018 1 min read

Harvard International Law Journal— Call for Submissions

The Harvard International Law Journal is currently seeking submissions, and is particularly interested in receiving papers on topics in international economic law. View the call for papers here.
Inu Manak 20 Feb 2018 1 min read

Implementation in the El Salvador – Tariff Treatment Case

I recently participated in an ICTSD event on RTA disputes, and my assignment was to look at how compliance went in cases in which there was a panel ruling. I did my best to dig up information, but it's hard to find it for many cases. Luckily, there
Simon Lester 19 Feb 2018 1 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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