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How to Save WTO Dispute Settlement from the Trump Administration

How to Save WTO Dispute Settlement from the Trump Administration Steve Charnovitz The Trump Administration is trying to torpedo the World Trade Organization (WTO) dispute settlement system.  According to the November 2, 2017 Wall Street Journal article "Has China Swallowed the WTO" by Jacob M. Schlesinger, "The
Charnovitz 03 Nov 2017 4 min read

Last Week's Tuna II WTO Panel Report:Happy Ending to a Hair-raising Adventure on the High Seas

Last week the second 21.5 compliance panel report was released in the long-running Tuna/Dolphin, or Tuna II, dispute between Mexico and the United States. Finally after two rounds of the US tweaking of the measure, the WTO panel gave the voluntary labeling scheme for Dolphin-Safe tuna a clean
Rob Howse 02 Nov 2017 7 min read

Periodic Review of Trade Agreements

The Trump administration has caused a lot of controversy by proposing a "sunset clause" for the NAFTA, under which the agreement would expire automatically after five years unless the parties agree to renew it. That proposal has come under a lot of criticism, and personally I think it
Simon Lester 31 Oct 2017 2 min read

U.S. Proposal on WTO Notifications

The U.S. has a new proposal to crack down on WTO Members who do not provide notifications on time: 4. It is broadly recognized that compliance with the notification requirements of the various WTO Agreements is inadequate. For example, the most recent report by the WTO Secretariat for the
Simon Lester 31 Oct 2017 2 min read

More GATT Negotiating History

Here's one more post on the original GATT negotiations from Roy Santana of the WTO: _______________________________ GATT 1947 and the grueling task of signing [something…]  The negotiations of the General Agreement on Tariffs and Trade were formally concluded on 30 October 1947. To mark the occasion U.N. press
Simon Lester 24 Oct 2017 10 min read

Clarifying AD Agreement Article 17.6(ii)

The United States has expressed concerns about various Appellate Body interpretations of WTO obligations, in particular relating to trade remedies, but as far as I know it has not offered any specific proposals to address the flaws it sees in the Appellate Body's approach to treaty interpretation in
Simon Lester 22 Oct 2017 3 min read

Reforming International Investment Law: Opportunities, Challenges, Paradigms

Here's some info on a conference on international investment law to be held at Boston College Law School on October 25: The law school is hosting an international conference on the ferment surrounding international investment law and how this crisis can be an opportunity to reform the system
Simon Lester 22 Oct 2017 1 min read

Lighthizer's Trade Optimism

Jenny Leonard of Inside US Trade reports the following statements by U.S. Trade Representative Robert Lighthizer after the NAFTA press conference earlier this week: U.S. Trade Representative Robert Lighthizer on Tuesday said he was seeking to shake up the congressional voting landscape for free trade deals, suggesting a
Simon Lester 20 Oct 2017 3 min read

Submissions for the new SIEL/Hart Prize in International Economic Law

From the SIEL and Hart Publishing: Submissions for the new SIEL/Hart Prize in International Economic Law are now open! ABOUT THE PRIZE The SIEL/Hart Prize is a brand new prize awarded every two years to an outstanding unpublished manuscript by an early career scholar in the field of
Simon Lester 20 Oct 2017 1 min read

With Blinders On? How International Law Casebooks Teach Students in the United States

First published on Just Security. The United States disagrees with many countries, including key allies, on important questions of international law, including the geographical scope of armed conflict, the extraterritorial application of human rights, and the existence and scope of a right to preemptive self-defense. Underlying these particular disagreements is
Anthea Roberts 19 Oct 2017 8 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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