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Why No Appellate Review in Trade Dispute Settlement Anymore?

From Inside US Trade: In advance of the negotiating round for a Trade In Services Agreement that kicked off today (July 8), the European Union proposed a text on dispute settlement that does not reflect the EU's previous demand for a dispute settlement system with an appeals process,
Simon Lester 14 Jul 2016 1 min read

Subsidies and TTIP Compilations

Two good (and free) edited collections are available. Here's one on subsidies, edited by Luca Rubini and Jennifer Hawkins: What shapes the law? : reflections on the history, law, politics and economics of international and European subsidy disciplines This book puts together several contributions that, from various time, system
Simon Lester 14 Jul 2016 1 min read

Non-Legal Adjudicators in National and International Disputes

From TDM: We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120) special issue on "Non-Legal Adjudicators in National and International Disputes". This special issue will analyse the current scenario, as well as new trends, developments, and challenges that non-legal adjudicators face
Simon Lester 14 Jul 2016 1 min read

Is There A Right To Use Trademarks?

This is from last week's Philip Morris v. Uruguay investment arbitration award: 266 The Claimants also argue that a trademark is a property right under Uruguayan law which thus accords a right to use. Again, nothing in their argument supports the conclusion that a trademark grants an inalienable
Simon Lester 13 Jul 2016 2 min read

Anti-Smoking Regulation in China

From the Economist: The state-owned China National Tobacco Corporation controls the production and sale of all tobacco in China. That the government profits from puffing perhaps explains why it has taken so few anti-smoking measures since China signed the WHO’s Framework Convention on Tobacco Control in 2003.
Simon Lester 13 Jul 2016 1 min read

Is the "China Sea" scenario legally or empirically impossible in the WTO context?

As we now know, a unanimous Award has just been issued by the Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by the Philippines against China. China has repeatedly stated that “it will neither accept nor participate in
Marc Benitah 12 Jul 2016 1 min read

The Born Dissent

Gary Born's separate opinion in the Philip Morris v. Uruguay award (see Annex B) is referred to as a "concurring and dissenting opinion," but I'm going to focus on the dissent part. Read his whole opinion, of course, but a good summary comes early
Simon Lester 11 Jul 2016 2 min read

Uruguay Wins the ISDS Complaint Brought Against Its Tobacco Regulations

From the FT: Uruguay has won a landmark lawsuit against Philip Morris International, which was suing the South American country for its strict regulations on smoking in what was seen as a test case for the tobacco industry. The full decision can be found here. A good summary of the
Simon Lester 08 Jul 2016 2 min read

Will the TPP SPS Consultations Mechanism Speed Things Up or Slow Things Down?

This is from the USTR summary of the TPP SPS chapter: Cooperative Technical Consultations (CTC) To help encourage the early and expeditious resolution of SPS matters, the SPS chapter establishes a consultative mechanism under which relevant agencies will work to find science-based solutions to SPS issues that emerge between
Simon Lester 07 Jul 2016 2 min read

World Trade Forum at EUI

This year's EUI/WTI/CEPR World Trade Forum is 23 - 24 September in Florence, focusing on behind-the-border policies and global trade: This year’s World Trade Forum – an annual event that is organised by the World Trade Institute (Bern), the Robert Schuman Centre for Advanced Studies
Simon Lester 07 Jul 2016 1 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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