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The WTO congratulates itself on panel diversity - unfortunately its math is wrong

In this news release, https://www.wto.org/english/news_e/news16_e/disp_21jun16_e.htm, the WTO announces that it has just appointed its 100th female dispute settlement panelist and compares itself favorably with other international tribunals, stating "[t]he WTO's dispute settlement system has
Meredith Kolsky Lewis 21 Jun 2016 1 min read

Protecting Public Welfare Regulation through Joint Treaty Party Control

Anthea Roberts and Richard Braddock have a short Columbia FDI Perspectives piece that explains a procedure in the China - Australia FTA (ChAFTA) which allows the parties to the agreement to intervene when there is a dispute that involves public welfare regulation, in order to get the claim dismissed. Here'
Simon Lester 21 Jun 2016 4 min read

Trade Remedies vs. Trade Liberalization

Michael Punke and Tim Reif respond to an FT article about the Appellate Body reappointment controversy with a letter to the editor. I want to focus on their last paragraph, which is not about the Appellate Body: A quick note on the use of trade remedy laws, for which the
Simon Lester 20 Jun 2016 1 min read

Adjudicating International Trade and Investment Disputes: Between Interaction and Isolation

On August 25-26, 2016, Pluricourts will hold a conference in Oslo on "Adjudicating International Trade and Investment Disputes: Between Interaction and Isolation." The program is here. Here is more: This conference will focus on the relationship, interactions and comparisons between the international trade and investment regimes in
Simon Lester 20 Jun 2016 2 min read

Finally, There Is a U.S. Presidential Candidate Who Supports the TPP

This is from Libertarian VP candidate Bill Weld, and when he writes as "we" I am assuming he is speaking for Libertarian Presidential candidate Gary Johnson: Unlike the Republican or Democratic presidential nominees, we are committed to free trade and vigorously support the pending Trans-Pacific Partnership, which
Simon Lester 16 Jun 2016 1 min read

Asking the Appellate Body to Clarify

This is from the China - Publications Appellate Body report: 237. The United States expresses "some concerns" regarding the Panel's approach to analyzing the "necessity" of China's measures. The United States' concerns relate to a "two step" approach, allegedly taken
Simon Lester 13 Jun 2016 2 min read

Varying Conceptions of FET in Mesa

Here are some articulations of the FET standard in the Mesa NAFTA Chapter 11 award: The claimant: 484. ... For Mesa, Article 1105 consists of several components including the duty to act in good faith; fairness and reasonableness; treatment free from arbitrary conduct; transparency; protection against abuse of rights; procedural fairness;
Simon Lester 09 Jun 2016 2 min read

Gary Johnson on the TPP

Here's Libertarian Party candidate Gary Johnson talking about the TPP with Glenn Thrush of Politico: THRUSH: ... So the other thing I find fascinating about you, the other wildfire that's really striking in terms of the Trump thing is the free trade stuff. You have been on
Simon Lester 09 Jun 2016 1 min read

Does Canadian Law Provide Remedies Equivalent to NAFTA Chapter 11 Arbitration?

That's the title of a new paper by Armand de Mestral and Robin Morgan. Here's the abstract: It is often alleged that the provisions for investor-state arbitration (ISA) are not needed in international trade agreements to protect the interests of foreign investors in developed democracies
Simon Lester 08 Jun 2016 2 min read

Doctoral Researcher Position in International Trade Law

From the Leuven Centre for Global Governance Studies: The Leuven Centre for Global Governance Studies is an inter-faculty interdisciplinary research centre of excellence of the Humanities and Social Sciences at the University of Leuven which conducts research in relation to globalization, governance processes and multilateralism (www.globalgovernancestudies.eu). The
Simon Lester 08 Jun 2016 1 min read

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Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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