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Why Prof. Chang?

As the Appellate Body reappointment controversy continues to brew, the US has been flooded with criticisms not only from WTO Members, but also from the Appellate Body Members and academics around the world. In its statement at the May 23 DSB Meeting, the US defended its position by stating that
Henry Gao 27 May 2016 3 min read

Reforming Appellate Body Appointments

Over at EJIL:Talk!, Arman Sarvarian and Fontanelli Filippo respond to the Appellate Body reappointment controversy with some reform suggestions: A Single-Term System? The chair of the DSB noted that further consultations were necessary to exit the deadlock. Recourse to diplomacy reveals the structural limits of the applicable procedural
Simon Lester 27 May 2016 1 min read

THE MYTH OF AN APPELLATE BODY THAT NEVER “RESTRICTS THE RIGHTS OR EXPANDS THE OBLIGATIONS OF WTO MEMBERS”

As we now know, the United States has informed the chairman of the WTO Dispute Settlement Body that it cannot support the reappointment of South Korean national Seung Wha Chang to the Appellate Body. The United States justifies its position by the fact that it “ will not support any individual
Marc Benitah 25 May 2016 3 min read

The Appellate Body Reappointment at the DSB

In the last post, I said I would report the details of the DSB discussion of the Appellate Body reappointment controversy when they are available. Well, Inside US Trade has them here. They probably don't want me reposting the whole article, but here's a snippet: The
Simon Lester 23 May 2016 1 min read

Greg Shaffer on the Appellate Body Reappointment Controversy

Here is what Greg wrote about the Appellate Body reappointment controversy, in the Huffington Post: Following the Berlin Wall’s fall, the United States drove the creation of the World Trade Organization and its tribunal, the Appellate Body. The tribunal rose quickly to prominence for its clarification of WTO rules
Simon Lester 23 May 2016 3 min read

The ITC's TPP Report

The U.S. International Trade Commission issued its report on the TPP last week. This is from the ITC press release: The Commission used a dynamic computable general equilibrium model to determine the impact of TPP relative to a baseline projection that does not include TPP.  The model estimated that
Simon Lester 22 May 2016 2 min read

Donald Trump on MFN

Donald Trump has a sophisticated and nuanced take on the MFN principle as applied in trade negotiations.  Ha ha, just kidding. Here's what he said a couple weeks ago: "I want one-on-one: If somebody treats us well, we make a trade agreement, and I'
Simon Lester 22 May 2016 1 min read

ASIL IEcLIG Biennial Conference

The American Society of International Law International Economic Interest Group is now accepting papers for its Biennial Conference, which will take place September 30, 2016 - October 1, 2016 at Georgetown University Law Center.  This is from the call for papers: I. Overall Concept and Themes Overall theme: Making International Economic
Simon Lester 22 May 2016 2 min read

What Will TTIP Do To Consumer Prices?

This is from the Draft Interim Technical Report, Trade Sustainability Impact Assessment on the Transatlantic Trade and Investment Partnership (TTIP) between the EU and the USA, prepared by the consultancy Ecorys for the European Commission: 14. Main expected social impacts from TTIP: long-term wages and prices rise, short-term
Simon Lester 18 May 2016 3 min read

Guest Post: ECJ upholds validity of EU directive regulating tobacco products – Part II

This is a guest from trade lawyer Adarsh Ramanujan Continuing from my earlier post on the recent ECJ judgements relating to the EU Directive on tobacco products, one part of the dispute involved Poland’s challenge that the EU-wide ban on cigarettes with characteristic flavouring, including menthol, was not
Simon Lester 15 May 2016 5 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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