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Guest Post on Bilateral Agreements as an Option to Living through the WTO AB Crisis

This is a guest post from Brazilian trade lawyer Luiz Eduardo Salles BILATERAL AGREEMENTS AS AN OPTION TO LIVING THROUGH THE WTO AB CRISIS The trade law community’s hottest topic these days has been the crisis stemming from the US’ persistent refusal to appoint new Appellate Body members. Indeed,
Simon Lester 23 Nov 2017 4 min read

How Members can use arbitration under Article 25 of the DSU as an alternative means for seeking appellate review of panel reports at the WTO

Some of my old friends and colleagues from Geneva have a new paper (available as a CTEI Working Paper here) in which they explain that DSU Article 25 is drafted in terms that are sufficiently flexible to allow an appellate process that replicates closely the essential features of the process
Simon Lester 23 Nov 2017 1 min read

2017-2018 SIEL/JIEL/OUP Essay Prize

This is from the SIEL, JIEL & OUP: A prize has been established by the Society of International Economic Law (SIEL), Journal of International Economic Law (JIEL) and Oxford University Press (OUP) for the best essay submitted on any topic in any field of international economic law. The 2017-2018 SIEL/
Inu Manak 20 Nov 2017 1 min read

Social and Environmental Protection in EU Anti-Dumping Calculations

This is from the provisionally adopted text of the amended EU AD/CVD regulation (I think I'm stating that correctly, but someone please correct me if I have it wrong!), relating to the use of analogue countries in constructing a normal value: Article 1 Regulation (EU) 2016/1036
Simon Lester 20 Nov 2017 1 min read

Addressing Panel Errors in the New NAFTA

This is from the updated USTR NAFTA negotiating objectives: Dispute settlement: "Provide mechanisms for ensuring that the Parties retain control of disputes and can address situations when a panel has clearly erred in its assessment of the facts or the obligations that apply." One way to address panel
Simon Lester 19 Nov 2017 1 min read

Will There Be a Lighthizer-Liberal Alliance on Trade?

This is from the Daily Beast: During his first six months in office, Donald Trump’s top trade official met with a host of companies, trade associations, and industry groups. He also carved out a little time for an unsuspected visitor: an employee of Ralph Nader’s former progressive nonprofit.
Simon Lester 19 Nov 2017 1 min read

Shaffer, Elsig and Pollack on the Appellate Body Reappointment Crisis

This is from Gregory Shaffer, Manfred Elsig and Mark Pollack: The Trump administration threatens to end the world’s trade court, the Appellate Body (AB) of the World Trade Organization (WTO), by blocking the appointment of new AB judges. In doing so, it risks destroying the rules-based trading system that
Simon Lester 17 Nov 2017 1 min read

Things I Noticed in USTR's Updated NAFTA Negotiating Objectives

USTR's updated NAFTA negotiating objectives are here.  These are a few new additions that jumped out at me, with some brief comments: --------------------------------------- Government procurement: "Ensure reciprocity in market access opportunities for U.S. goods, services, and suppliers in Canada and Mexico." I'm not
Simon Lester 17 Nov 2017 1 min read

Guest Post from Pieter Jan Kuijper: The Standard of Review in Anti-Dumping Disputes: An Un-American View

One of the important recurring issues among the US problems with the case law of the Appellate Body is the standard of review in anti-dumping disputes. The relevant text was changed at a very late stage of the Uruguay Round negotiations, after most of the texts were closed. Belatedly a
Trachtman 15 Nov 2017 3 min read

My two cents on the US notifications proposal

The posts by Simon and Inu on the US notifications proposal help to bring to light the important but often ignored issue of notification in WTO agreements. As I've just finished an article on the implementation of the WTO transparency obligation by China, I'd like to
Henry Gao 15 Nov 2017 2 min read

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Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 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 companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

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