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Guest Post on Annexation of Ukrainian Territory

This is a guest post from Nataliya Haletska, a PhD student at Ivan Franko Lviv National University, Ukraine I am working on a paper regarding the possibility of bringing territorial disputes under the auspices of the WTO. Particularly, I came to conclusion that the annexation of the part of Ukrainian
Simon Lester 24 Nov 2015 2 min read

Indian Journal of International Economic Law: Call for Papers

The Indian Journal of International Economic Law (IJIEL) is a law journal published by National Law School of India University, Bangalore (NLSIU) under the patronage of the Indian government sponsored chair on WTO Law. The Journal is oriented towards publishing academic work that considers the legal issues in the field
Tania Voon 20 Nov 2015 1 min read

Quick Take on WTO AB Tuna Ruling

I'm sure Rob (and maybe others) will weigh in soon on today's WTO Appellate Body ruling in the Article 21.5 proceeding of U.S. - Tuna, but let me just quickly mention one point that occurs to me.  (The facts of the measure here are complex,
Simon Lester 20 Nov 2015 2 min read

"Like Circumstances" in the TPP Trade in Services Chapter

From the TPP cross-border trade in services chapter: Article 10.3: National Treatment2 1. Each Party shall accord to services and service suppliers of another Party treatment no less favourable than that it accords, in like circumstances, to its own services and service suppliers. 2 For greater certainty, whether
Simon Lester 19 Nov 2015 1 min read

No ISDS as between Australia and New Zealand

Via what is referred to as an "associated document" on the Australia DFAT web site, and a "side instrument" on the NZ MFAT web site, Australia and New Zealand have agreed to exclude ISDS as between each other in the TPP: 3. No investor of New
Simon Lester 19 Nov 2015 1 min read

Assessing the TPP at the ITC

From the U.S. International Trade Commission: The U.S. International Trade Commission (USITC) has instituted an investigation to assess the likely impact of the Trans-Pacific Partnership Agreement that the President has announced he intends to enter into with Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand,
Simon Lester 18 Nov 2015 1 min read

Interpreting GATT Article XXI

Russia wants further interpretation of GATT Article XXI to be on the post-Nairobi agenda: Interpretation and Implementation of Security Exceptions provided in the Multilateral Trade Agreements 1.5. With reference to the "Decision Concerning Article XXI of the General Agreement" adopted by the CONTRACTING PARTIES on November
Simon Lester 18 Nov 2015 1 min read

WTO Jurisprudence in TPP Dispute Settlement

This is from Article 28.11 of the TPP Dispute Settlement Chapter: 3. The panel shall consider this Agreement in accordance with applicable rules of interpretation under international law as reflected in Articles 31 and 32 of the Vienna Convention on the Law of Treaties (1969). In addition, with respect
Simon Lester 16 Nov 2015 1 min read

GATT Article XX Exceptions to the TPP TBT Chapter

As far as I know, no responding party ever invoked GATT Article XX as a defense to a claim of violation of the TBT Agreement (although it would have been fun if they had), but given the various statements the Appellate Body has made recently on the interpretation of both
Simon Lester 16 Nov 2015 1 min read

Guest Post on Argentina - Financial Services

This is a guest post by trade lawyer Adarsh Ramanujan:“Treatment no less favourable” –Article II:1, GATS and Article 2.1, TBT Pursuant to Simon’s earlier post about the appeal filed by Panama in Argentina – Financial Services, I noticed that one of the grounds of appeal relates to
Simon Lester 13 Nov 2015 3 min read

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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.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in 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."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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