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A Surprise Choice for an Article 21.3(c) Arbitrator

If you look at the list of Article 21.3(c) arbitration awards, you will see that in all 32 awards, the arbitrator was a current or former Appellate Body Member. Nothing in the DSU requires this, but it developed as a practice, and that's the way it
Simon Lester 15 Oct 2015 1 min read

Is TPP "Dead Until the Lame Duck"?

This is from Politico: President Barack Obama's signature trade deal - the Trans-Pacific Partnership - may not get taken up by the GOP-run Congress until after the 2016 elections, senior Republican and Democratic aides said Wednesday. Mike Sommers, chief of staff for Speaker John Boehner (R-Ohio), said
Simon Lester 15 Oct 2015 1 min read

(A Little) More from Hillary on TPP

From Bloomberg: Hillary Clinton says Trans-Pacific Partnership trade pact doesn’t meet her criteria for dealing with currency manipulation, “one of the main reasons for job loss going back several decades.” * NOTE: Democratic presidential candidate makes comments in Henderson, Nev., after event where she was endorsed by International Union
Simon Lester 14 Oct 2015 1 min read

Useless Debate Questioning on Trade

In my last post, I worried that any trade and TPP questions for Hillary Clinton in the Democratic debate would not be very productive.  And voila: ANDERSON COOPER: You were against same-sex marriage. Now you're for it. You defended President Obama's immigration policies. Now you
Simon Lester 14 Oct 2015 1 min read

Hillary Clinton, the TPP, and the Democratic Debate

Last Wednesday, we all heard Hillary Clinton announce her opposition to -- or at least her deep skepticism about -- the TPP.  That triggered many accusations of flip-flopping, as she had previously supported it.  Now this Tuesday, CNN will be hosting the first Democratic debate, where she will no doubt be
Simon Lester 11 Oct 2015 2 min read

The 10th Annual Academy of WTO Law & Policy

The 10th Annual Academy of WTO Law & Policy will be held at Georgetown Law Center, November 16-20, 2015. Here's an overview: The Academy is an intensive professional development program on the law and policy of the World Trade Organization (WTO).  It examines the legal obligations and
Simon Lester 11 Oct 2015 1 min read

Hillary Clinton Is Against TPP

At least based on what she has heard about it so far.  From Vox: In a major blow to President Obama's trade agenda, Democratic presidential frontrunner Hillary Clinton has come out against the Trans-Pacific Partnership. In an interview with PBS's Judy Woodruff, Clinton stressed that
Simon Lester 08 Oct 2015 1 min read

More on the Tobacco Carveout

When it became clear there would be a tobacco carveout from TPP ISDS, I rushed out this critique: I'd be happy to carve ISDS out of trade agreements (or just apply the tobacco carveout proposal to all measures!), but I can't understand why tobacco would be
Simon Lester 08 Oct 2015 2 min read

The Tobacco Carveout and NAFTA Chapter 11

The tobacco carveout for TPP ISDS leads me to another question that has been bothering me: What happens to NAFTA Chapter 11 after TPP?  (Same question applies to other U.S. FTAs that have investment chapters with ISDS.)  Does TPP ISDS supersede NAFTA Chapter 11 entirely, so that any future
Simon Lester 07 Oct 2015 1 min read

Are E-Cigarettes a Tobacco Product?

In the last post, I wondered why the TPP tobacco carveout from ISDS would let e-cigarettes off the hook.  But maybe it won't.  Somebody pointed out to me that nicotine is usually extracted from tobacco, and that the language of the carveout may actually be broad enough
Simon Lester 07 Oct 2015 1 min read

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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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