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Guest Post #2 on India - Agricultural Products

This is a guest post from Geneva trade lawyer Adarsh Ramanujan:“Rebuttable” presumption of Article 2.2 inconsistency arising from Article 5.1 inconsistency? Continuing from my earlier post on the AB Report on India – Agricultural Products, I found another finding of the AB to be an interesting one – this
Simon Lester 02 Jul 2015 3 min read

Guest Post #1 on India - Agricultural Products

This is a guest post from Geneva trade lawyer Adarsh Ramanujan:‘Interpretation’ of the scientific standards? Thoughts about India – Agricultural Products I finally got around to reading the AB Report released earlier in June in the India – Agricultural Products. I found one of the claims raised by India to be
Simon Lester 02 Jul 2015 4 min read

Writing the ELSA WTO Moot Court Case

From ELSA: ELSA International invites proposals from prospective case authors to write the Moot Court Case for the 14th edition of the ELSA Moot Court Competition on WTO Law. EMC2 is a simulated hearing of a World Trade Organization dispute settlement panel. Teams of interested students from all over the
Simon Lester 02 Jul 2015 2 min read

"Secret Treaty to Mine the Moon Draft" Would Apply GATT to Moon Minerals

I first thought it was an email phishing scam, but it is a real story that a journalist was asking my opinion on. I found it intriguing enough to share it on the blog ... A few day ago, Wikileaks released what has been referred to as a "Secret Treaty
Joost Pauwelyn 01 Jul 2015 1 min read

Done with TPA; on to TPP

As you have all have probably heard by now, at long last we are done with the tedious TPA debate: President Barack Obama signed into law on Monday legislation that gives him "fast-track" power to negotiate trade deals and speed them through Congress, ... I will leave commentary on
Simon Lester 30 Jun 2015 3 min read

Benefit analysis in Canada-FIT

A few weeks ago, Simon marked the anniversary of the controversial Canada-FIT decision, here.  His helpful post – which recalled an interesting discussion we had on this at the 2014 BIICL WTO conference – prompts me now to reflect a little further on why I have always found a lot more to
Andrew Lang 29 Jun 2015 5 min read

WTO@20 Conference in Beijing

A major WTO law conference will take place at Tsinghua University, Beijing, later this week. Notably, a number of current and former members of the Appellate Body will be there. Here is the information from the conference website: WTO at 20:Multilateral Trading System, Dispute Settlement and Developing Countries Tsinghua
Julia Qin 29 Jun 2015 1 min read

The Right to Regulate for Multiple Purposes and the Standard of Review

In an earlier post, Simon referred to the recent ASIL Unbound discussion on the Seal case.  Indeed, I found the discussion very helpful and suggest everyone visit the site.  There are so many issues there, but let me focus on one particular issue, that is whether the Appellate Body (AB)
Sungjoon Cho 27 Jun 2015 3 min read

EC - Seal Products Unbound

Over at AJIL Unbound, they are talking about the EC - Seal Products case, with contributions from Joel Trachtman, Don Regan, Julia Qin, Alexia Herwig, William J. Moon/Alec Stone Sweet, and Michael Fakhri.  No doubt all of the contributions are very interesting, but I confess to being bogged down
Simon Lester 25 Jun 2015 1 min read

A Different Take on ChAFTA ISDS

Last week, I wrote in praise of the China - Australia FTA (ChAFTA) ISDS provisions, suggesting that they were narrower in scope than typical ISDS provisions, in a good way.  I liked the fact that they left open whether to incorporate expropriation and minimum standard of treatment provisions, leaving that
Simon Lester 25 Jun 2015 1 min read

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Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

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