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Saving the Trading System

A lot of people are worried about the trading system these days, and are looking for ways to save it. My friends Frank Garcia and Tim Meyer are trying to save it from the left (drawing in part on Frank's forthcoming book Trade and Consent: Trading Freely in
Simon Lester 01 Dec 2017 7 min read

The U.S. View of Section 15 of China's Protocol of Accession

This is from a U.S. third party submission [CORRECTION - that link is to a "Legal Interpretation" submitted by the U.S.; the third party submission is here] in the European Union – Measures Related to Price Comparison Methodologies (DS516) WTO dispute: 8.6. Section 15 is not
Simon Lester 30 Nov 2017 2 min read

Call for Papers: "Economic Constitutionalism: Mapping its Contours in European and Global Governance"

This is from the European University Institute and the University of Portsmouth: Call for Papers: "Economic Constitutionalism: Mapping its Contours in European and Global Governance" The School of Law at the University of Portsmouth and the European University Institute (EUI) are organising a 2-day international conference to explore
Inu Manak 29 Nov 2017 1 min read

Unforeseen Developments in the Solar Safeguards Case

This is from Inside US Trade: U.S. Trade Representative Robert Lighthizer has asked the U.S. International Trade Commission for additional information in the Section 201 probe into solar imports, focusing in his request on so-called “unforeseen developments” -- an issue that sources say has contributed to U.S.
Simon Lester 29 Nov 2017 1 min read

Call for papers, panels & posters for the 6th SIEL Biennial Global Conference has been extended to December 20

From the folks at SIEL: The call for papers, panels & posters for the 6th SIEL Biennial Global Conference has been extended to December 20, midnight GMT. The Conference will be held from 12-14 July 2018 at American University Washington College of Law, Washington, D.C. Please keep the date!
Simon Lester 28 Nov 2017 1 min read

U.S. Concerns About AB Members Serving After Expiration of Their Term

This is from the U.S. statement at the November 22 DSB meeting: 7. APPELLATE BODY MATTERS A. STATEMENT BY THE CHAIRMAN B. APPELLATE BODY APPOINTMENTS: PROPOSAL BY ARGENTINA, BRAZIL, CHILE, COLOMBIA, COSTA RICA, ECUADOR, EL SALVADOR, EUROPEAN UNION, GUATEMALA, HONDURAS, HONG KONG, CHINA; MEXICO, NICARAGUA, NORWAY, PAKISTAN, PERU, RUSSIAN
Simon Lester 27 Nov 2017 1 min read

Clarifying Some ISDS Confusion

I had a recent twitter exchange that baffled me at first, but eventually clarified something in the ISDS debate that I have come across before and found confusing. Sometimes ISDS critics, including me, will say something along these lines: "Disputes between foreign investors and host governments can usually be
Simon Lester 27 Nov 2017 2 min read

ASEAN Law Conference, December 7-8, 2017, Singapore

Law professor Pasha Hsieh sends the following: Singapore Management University (SMU) School of Law will hold the ASEAN Law Conference on December 7-8, 2017. Speakers and commentators include colleagues from various universities and governments, the ASEAN Secretariat, the World Bank and Sidley Austin LLP. The program is available at https:
Simon Lester 27 Nov 2017 1 min read

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

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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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Featured

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

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

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