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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 There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

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

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