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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

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.
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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.
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How Difficult Will It Be Politically To Remove Trump's Tariffs?

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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.
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