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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

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

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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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