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Seung Wha Chang on Judicial Style

This is from his farewell speech at the DSB: Most importantly, the outcome of cases must never be an acceptable reason for opposing reappointment. And similarly, an Appellate Body Member’s adjudicatory performance relating to case-management, including her “judicial style,” should not be recognized as a legitimate reason for
Simon Lester 29 Sep 2016 2 min read

SIEL/JIEL/OUP Essay Prize

This is from 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 2016-2017 SIEL/
Simon Lester 29 Sep 2016 1 min read

The German Constitutional Complaint on CETA

As I mentioned a few weeks ago, several German NGOs have filed a complaint in German court alleging that CETA is unconstitutional. The full complaint is here. It's in German, but luckily we have a German intern named Max Wirth at Cato right now, so I asked him
Simon Lester 27 Sep 2016 3 min read

Trump Raises the VAT Issue

The Trump campaign released an Economic Plan today. On trade, they raise one issue that has been of concern to respected trade policy people and has been lingering for quite a while: Ending the Unequal Value-Added Tax Treatment Under WTO Rules In addition to the obvious problem of relatively
Simon Lester 26 Sep 2016 4 min read

The Obama Administration's Attack on Appellate Body Independence Shows The Need for Reforms

By Steve Charnovitz, George Washington University Law School The Obama Administration has not yet apologized for its unilateral action in May 2016 to unseat Appellate Body Member Seung Wha Chang, a distinguished jurist from South Korea. Although this hostile act by the United States has been roundly criticized by other
Charnovitz 22 Sep 2016 6 min read

The UK's Status in the WTO after Brexit

This is the abstract of a new paper by Lorand Bartels: It has become conventional wisdom that once the UK leaves the EU it will have to renegotiate core aspects of its WTO rights and obligations, and in particular its concessions under Article II of the GATT 1994 and Article
Simon Lester 22 Sep 2016 3 min read

A Flurry of New WTO Complaints

After a bit of a lull, three potentially interesting new WTO complaints were filed recently. Here's a brief rundown. First up is a complaint by India focusing on various U.S. state renewable energy programs that have domestic content requirements. Are there any creative new defenses that can
Simon Lester 22 Sep 2016 2 min read

Could Trump Start a Trade War Regardless of Congress? Not So Fast.

In a study released yesterday well-known veteran trade policy analyst Gary Hufbauer sounds the alarm that Donald Trump could use presidential authority under a range of arcane statutory provisions to start a trade war immediately upon taking office-with Congress and the courts helpless to stop him, at least
Rob Howse 20 Sep 2016 5 min read

Brexit and Trade Law

Is it fair to say that the UK leadership is having some trouble figuring out what to do with Brexit? Yes, I think that's fair. But at least they are talking to the right people. The UK parliament recently brought in some experts to advise on the technical
Simon Lester 19 Sep 2016 7 min read

More Separate Opinions in Appellate Body Reports

Today's India - Solar Cells Appellate Body report is the second report in a row with a separate opinion (could be a record -- I'll have to check).  This separate opinion is a little different, as it does not relate to a particular legal finding, but rather to
Simon Lester 16 Sep 2016 4 min read

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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

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