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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
Anthea Roberts 19 Oct 2017 8 min read

SPS Agreement vs. GATT

This is from the Indonesia - Chicken WTO panel report, circulated yesterday: Fn. 318. We note that Indonesia's defence under Article XX(b) raises a food safety issue. We observe that the SPS Agreement, according to its Preamble, "elaborates rules for the application of the provisions of the
Simon Lester 18 Oct 2017 1 min read

Some GATT Negotiating History

Here are two posts on the original GATT negotiations, from Roy Santana of the WTO: CLASH OF THE GATT NEGOTIATORS September 1947: Following months of good progress in Geneva, GATT negotiators had entered a delicate phase where the most difficult issues had to be tackled, chief amongst which was the
Simon Lester 18 Oct 2017 8 min read

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Featured

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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