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What's at Stake with the Appellate Body Reappointment Controversy

Here are Manfred Elsig, Mark Pollack and Gregory Shaffer writing about the Appellate Body reappointment controversy for the Monkey Cage blog on the Washington Post website: 2) What’s at stake What’s at stake here is not just the fate of Chang but the independence of the international judiciary,
Simon Lester 06 Jun 2016 2 min read

SIEL Conference in South Africa, July 7-9, 2016

From the SIEL: The Society of International Economic Law (SIEL) is organising its fifth Biennial Global Conference – International Economic Law in a Diverse World – on 7-9 July 2016 at the University of Witwatersrand, in Johannesburg, South Africa. SIEL is a membership organization aimed at academics and academically-minded practitioners
Simon Lester 06 Jun 2016 1 min read

More on the U.S. Objections to Certain Appellate Body Practice

Following up on my earlier post about U.S. allegations that the Appellate Body sometimes says more than it needs to say, here's another point the U.S. makes: Second, in DS430, a dispute in which the United States was the complaining party and prevailed, we noted that
Simon Lester 05 Jun 2016 5 min read

16th Annual WTO Law Conference

The 16th Annual WTO Law conference is coming up next week. Formerly a BIICL/IIEL production in London, it has moved to Geneva this year and added the Graduate Institute and the SIEL as organizers. From the conference web page: The Annual WTO Conference was originally established in 2000 through
Simon Lester 05 Jun 2016 1 min read

Should Cost-Benefit Analysis be a Factor in Deciding whether a Regulation is "Arbitrary"?

This is the abstract of a new paper by Cass Sunstein: When an agency fails to engage in quantitative cost-benefit analysis, has it acted arbitrarily and hence in violation of the Administrative Procedure Act? At first glance, the question answers itself: Congress sometimes requires that form of analysis, but
Simon Lester 03 Jun 2016 1 min read

ELSA WTO Moot Court Competition Next Week

From ELSA: Press release Final Oral Round - ELSA Moot Court Competition on WTO law Between 7 and 12 June 2016, the Final Oral Round of the ELSA Moot Court Competition will take place in Geneva, Switzerland. Over 150 active students, their team coaches, renowned academics and practitioners from all around
Simon Lester 03 Jun 2016 1 min read

Former Appellate Body Members Weigh in on the Recent U.S. Actions Related to the Appellate Body

Here is the main text of a letter to the DSB chair from all the living, former Appellate Body Members: We write in the hope that we can be of some assistance to the Members of the World Trade Organization. As the thirteen living former Members of the WTO Appellate
Simon Lester 01 Jun 2016 4 min read

There's a New Party in Town

For those of you despairing about your choices in the U.S. Presidential election, you are in luck, there's now a credible third party option: The Libertarians. OK, you can stop laughing now, because this time they have a former two term governor as the Presidential nominee (Gary
Simon Lester 30 May 2016 1 min read

Why Prof. Chang II: A Few More Pieces of the Puzzle

While I continued digging for more clues to the Appellate Body Reappointment saga, I found a few more interesting bits: 1. When the blockage was first announced, the US cited only three cases, i.e, DS 437, DS 449 & DS 453. However, at the May 23 DSB meeting, the
Henry Gao 28 May 2016 2 min read

The U.S. Justification for its Appellate Body Reappointment Actions

The U.S. actions at the WTO in relation to the reappointment of Seung Wha Chang, discussed in various recent posts (and comments) on this blog, have been heavily criticized by everyone I've talked to about the issue. However, I have heard sympathy for the substance of some
Simon Lester 27 May 2016 4 min read

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Featured

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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