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New Appellate Body Appointment

From the WTO: The DSB agreed with the Chairman’s proposal for appointment/reappointment of Appellate Body members. In particular, it agreed to launch a selection process for one position in the Appellate Body to replace Ms Yuejiao Zhang, whose second four-year term of office will expire on 31
Simon Lester 27 Jan 2016 1 min read

Senator Wyden on the TPP Tobacco Carveout

From Politico: “I pushed very, very, very aggressively for that tobacco provision to be part of this,” Wyden told POLITICO about the carveout that protects tobacco control-related policies from being challenged in investor-state cases. “I have watched the tobacco companies over the years particularly focus on global markets
Simon Lester 27 Jan 2016 1 min read

WHY DOES US CVD LEGISLATION MODIFY ARBITRARILY THE WORDING OF WTO PROVISIONS?

I have noticed for a long time that, in the CVD context of determination of injury, the US  national legislation is at odds with the mirror WTO provision. In the US, Section 771(7)(C)(i) of the Act provides that the “Commission shall consider whether the volume of imports
Marc Benitah 26 Jan 2016 1 min read

Donald Trump on the Keystone XL Pipeline

The Obama administration's rejection of the Keystone XL pipeline was controversial; opinions on TransCanada's NAFTA Chapter 11 claim vary. Now Donald Trump has weighed in. You can probably imagine the result. This is from the Toronto Star: Republican presidential front-runner Donald Trump says he would
Simon Lester 25 Jan 2016 1 min read

ISDS Lawsuits: Small vs. Big Business

This is from a new paper by Gus Van Harten and Pavel Malysheuski: The sociological legitimacy of investment treaty arbitration, commonly known as investor-state dispute settlement (ISDS), appears to depend in part on an expectation that it benefits smaller businesses, not just large multinationals and the super wealthy. Proposed
Simon Lester 25 Jan 2016 2 min read

Canada vs. the EU vs. the U.S. on ISDS

This is a fascinating article on ISDS from CBC news, explaining the tension between the EU and U.S. positions on ISDS, and how Canada is caught in the middle: European Union officials quietly approached Justin Trudeau's new government last fall with a request to revisit the controversial
Simon Lester 25 Jan 2016 2 min read

The Roster of WTO Panelists vs. Actual WTO Panelists

Here's the list of Americans on the recently updated indicative list of WTO panelists: BROWN-WEISS, Ms. Edith CONNELLY, Mr. Warren GANTZ, Mr. David A. GORDON, Mr. Michael Wallace HODGSON, Ms. Mélida KASSINGER, Mr. Theodore W. KHO, Mr. Stephen LAYTON, Mr. Duane LICHTENSTEIN, Ms. Cynthia Crawford McGINNIS, Mr.
Simon Lester 24 Jan 2016 1 min read

WTO Conference

The conference formerly known as the BIICL WTO conference, and this year organized by BIICL, the IIEL, the Graduate Institute and SIEL, will be held in Geneva this year, on June 10-11. The call for papers is here. Here are the topics being covered: • 1. LEGAL INNOVATION IN TPP
Simon Lester 24 Jan 2016 4 min read

Cecilia Malmstrom on the Future of WTO Negotiations

She has three proposals: First, we must continue to work on outstanding Doha issues, particularly those issues that can only be solved by the WTO and not in bilateral or regional agreements. One such issue is subsidies. We cannot approach them in the same way that we have in the
Simon Lester 21 Jan 2016 2 min read

The ITC's Assessment of the TPP

This is from Congressman Sandy Levin's testimony to the ITC on the impact of the TPP on the U.S. economy: We all recognize that trade can be beneficial. The issue is not whether Members of Congress such as myself could pass an Econ 101 class, as President
Simon Lester 21 Jan 2016 2 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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