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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 with
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 to
Simon Lester 25 Jun 2015 1 min read

Is the WTO Passé?

The answer is NO according to an interesting paper (Is the WTO Passé?, World Bank Policy Research Working Paper (WPS 7304), June 2015) co-written by Kyle Bagwell, Chad Bown and Robert Staiger.  This paper sheds new light on the relevancy of the WTO as an engine of trade liberalization.
Sungjoon Cho 25 Jun 2015 2 min read

Guest Post on Applying GATT Disciplines to TRIPS-plus Provisions

This is a guest post from Henning Grosse Ruse - Khan  For a paper I have been working on (http://ssrn.com/abstract=2610576), I am looking for comments on applying GATT disciplines (such as Art.I, III, V and XI) as well as the General Exception rule in Art.XX
Simon Lester 24 Jun 2015 2 min read

Chinese Medicines in the China-Australia FTA

I came across one of the more interesting yet small details swirling around international trade today when I read a story (here) by the online news part of the ABC (that is the Australian Broadcasting Corporation - not the other ABC) that: "Chinese medicine was the subject of a side
Colin Picker 23 Jun 2015 1 min read

(De)politicizing Investment Disputes

Remember the Yukos investment arbitration award?  Here is Reuters from last year discussing the award: An international arbitration court ruled on Monday that Russia must pay $50 billion for expropriating the assets of Yukos, the former oil giant whose ex-owner Mikhail Khodorkovsky fell foul of the Kremlin. Now here
Simon Lester 19 Jun 2015 1 min read

Banning Trans Fat (And Trade Therein)

From the NY Times earlier this week: The Food and Drug Administration on Tuesday gave the food industry three years to eliminate artery-clogging artificial trans fats from the food supply, a long-awaited step that capped years of effort by consumer groups and is expected to save thousands of
Simon Lester 19 Jun 2015 1 min read

Diversity in International Arbitration

From Transnational Dispute Management: ArbitralWomen, Transnational Dispute Management and Ashurst would be delighted if you would join us for the launch of "Dealing with Diversity in International Arbitration" followed by a drinks reception. This Special Issue will analyse discrimination and diversity in international arbitration. It will examine new
Simon Lester 19 Jun 2015 1 min read

Banning Cloned Animals and Their Meat/Milk in the EU

The Committee on the Environment, Public Health and Food Safety and the Committee on Agriculture and Rural Development of the European Parliament proposed to ban the sale and import of cloned animals and their products (meat and milk).  In 2013, the European Commission advanced a similar proposal. Some languages of
Sungjoon Cho 18 Jun 2015 1 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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