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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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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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