International Economic Law and Policy Blog
  • Home
  • About
  • WorldTradeLaw.net
Sign in Subscribe

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
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
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 sure
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
Joel 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

Sign up for email notifications

jamie@example.com
Subscribe

Featured

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

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

Topics

2008 Presidential Election

25 posts

2012 Republican Primary

6 posts

2020 Democratic Primary

22 posts

2020 Presidential Campaign

6 posts

2024 Presidential Campaign

9 posts

2024 Republican Primary

9 posts

Announcements

28 posts

Appellate Body

72 posts

CAFTA

5 posts

CETA

8 posts

Currency Disputes

60 posts

Development

23 posts

Digital Trade

60 posts

Domestic Trade Powers

10 posts

Dormant Commerce Clause

3 posts

DSU 25 Interim Appeals

43 posts

DSU Article 11

13 posts

Economic Integration

8 posts

Economic Statecraft

12 posts

EU-China Trade Relations

3 posts

EU-UK Trade Negotiation

5 posts

Exceptions

19 posts

Exchange Rates

7 posts

Export Restrictions

13 posts

Food Aid

5 posts

Foreign Investment

21 posts

FTA Negotiations

14 posts

FTAs - General

22 posts

Gambling Dispute

52 posts

Global Governance

9 posts

Globalization

13 posts

Government Procurement

5 posts

Green Steel Deal

14 posts

IEEPA

9 posts

IEL in Domestic Courts

20 posts

Indo-Pacific Economic Framework

5 posts

Industrial Policy

20 posts

Investor-State Arbitration

93 posts

Jamieson Greer

19 posts

Katherine Tai

66 posts

NAFTA

19 posts

NAFTA Chapter 11

15 posts

NAFTA Chapter 19

5 posts

National Security

38 posts

Non Appeal Pact

3 posts

Non-Discrimination Standards

60 posts

Non-Market Economies

7 posts

Non-Violation Nullification or Impairment

19 posts

Precedent

25 posts

Public Views of Trade

9 posts

Robert Lighthizer

19 posts

Russia Trade Sanctions

17 posts

Sanctions

15 posts

Section 301

15 posts

Sovereignty

10 posts

SPS/TBT

5 posts

Standards of Review

7 posts

State Enterprises

9 posts

Sub-National Trade Issues

5 posts

Subsidies

83 posts

Tariffs

4 posts

Terms of Trade Manipulation

7 posts

Trade Agreements

23 posts

Trade and Competition

14 posts

Trade and Development

21 posts

Trade and Environment

119 posts

Trade and Health

20 posts

Trade and Human Rights

9 posts

Trade and Income Inequality

1 post

Trade and Intellectual Property

26 posts

Trade and Labor

27 posts

Trade and Peace

4 posts

Trade and Security

35 posts

Trade and the Stock Market

2 posts

Trade Balance

13 posts

Trade in Everything

65 posts

Trade in Services

21 posts

Trade Law and International Law

10 posts

Trade Preferences/GSP

23 posts

Trade Remedies

64 posts

Trans Pacific Partnership

9 posts

Trump Administration

58 posts

U.S. Trade Policy

32 posts

U.S. Trade Politics

60 posts

US-China Trade Relations

29 posts

USMCA

20 posts

USMCA Dispute Settlement

34 posts

USMCA Sunset/Review Clause

25 posts

USTR

16 posts

WTO - General

25 posts

WTO Accessions

8 posts

WTO Disputes

177 posts

WTO DS Reform

13 posts

WTO Jurisprudence

28 posts

WTO Negotiations

31 posts

Zeroing

29 posts
Powered by Ghost