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EU – PET (Pakistan): The Appellate Body confirms the validity of the traditional "break the causal link" approach

In a previous post, I indicated that Pakistan lodged an appeal  regarding the "break the causal link" approach adopted by the European Commission in  EU – PET (Pakistan).   In this case, the EU Commission began, as usual, its causation analysis by considering first  that a causal link existed between
Marc Benitah 24 May 2018 1 min read

Is Trump Backing Off China?

This is from an article in the Washington Post: Even before the overnight developments, Trump supporters — and those cheerleading his get-tough approach to trade with China — began reckoning with the likelihood that the president is abandoning the cause. Trump all but confirmed he’s backing away from a showdown
Simon Lester 23 May 2018 1 min read

The Future of the Airbus-Boeing Dispute

This is from Bloomberg: Airbus SE is ready to tell the World Trade Organization that the threat posed to Boeing Co. by its most ambitious program ever, the double-decker A380 jetliner, is so marginal that any U.S.-led sanctions against the European Union over illegal aid should be
Simon Lester 23 May 2018 2 min read

Will the U.S. - Gambling Dispute Return?

Many people seemed to enjoy the U.S. - Gambling WTO dispute back in its heyday. Is it possible a recent U.S. Supreme Court ruling could revive it? This is from Law360: The U.S. Supreme Court's landmark decision giving states a green light to legalize sports gambling
Simon Lester 18 May 2018 2 min read

G2 Conference on Resolving Disputes in International Economic Law

From the IIEL and the Graduate Institute: July 11, 2018 ◊ Georgetown Law, Washington, DC Download the Summer 2018 G2 Program RSVP Now Join Georgetown’s Institute of International Economic Law and the Graduate Institute, Geneva’s Center for Trade and Economic Integration for a conference on resolving disputes in international
Simon Lester 18 May 2018 1 min read

DSU Article 11 and the Reasoning of Panels

This is from a separate opinion by an Appellate Body Member in yesterday's EU - PET (Pakistan) report: 5.57. As I see it, the Panel's ruling on whether it needed to continue to make findings with respect to the claims challenging the expired measure at issue
Simon Lester 17 May 2018 4 min read

Negotiating With Different Tariff Levels

Here is something from a speech by Commerce Secretary Wilbur Ross: We are now constrained by two sides of a WTO pincer. One is the most-favored nation clause, or MFN. This rule says that we must apply the same tariff to every nation with which we do not have
Simon Lester 14 May 2018 1 min read

VERs, the Safeguards Agreement, and GATT Article XXI

The Section 232 steel/aluminum tariffs are in place for some countries but not all, as exemptions are under negotiation.  A few countries are still talking with the Trump administration about this, but others (Argentina, Brazil, South Korea, and possibly Australia but I'm not sure) have gotten out
Simon Lester 13 May 2018 2 min read

Is there such a thing as obiter dictum in the WTO DSM?

Yesterday's General Council meeting was quite entertaining, to say the least, with "hatchets", "rabbits" & "dogs" flying in the air when the US and China engaged in several rounds of heated exchange. While China blamed the US for wrecking "the crown
Henry Gao 09 May 2018 1 min read

Call for Papers: ASIL IEcL Interest Group, CCIL and CIGI Conference

This is from a call for papers for a Joint North American Conference on International Economic Law Incorporating the 2018 ASIL IECLIG Biennial, to be held September 21-22, 2018 at McGill's Faculty of Law in Montreal: I. Overall Concept and Theme Theme: Managing International Economic (Dis)Integration:
Simon Lester 08 May 2018 1 min read

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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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