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Do WTO Panels Use Judicial Economy to Favor the U.S. and EU as Defendants?

I would not have thought so, but political scientists Ryan Brutger and Julia Morse have data that says so: Abstract: Can international courts ever be independent of state influence? If not, how do courts manage the tension between legal principles and political concerns? We address these questions through an analysis
Simon Lester 30 Apr 2015 2 min read

Election Season and WTO AD Disputes

From a political science paper by Fouad Pervez: What explains the variation in timing of WTO disputes over antidumping duties? Without a clear domestic opposition group, countries have incentives to bring up disputes as quickly as possible so as to limit the harm to their domestic industries subject to these
Simon Lester 30 Apr 2015 1 min read

15th BIICL WTO Conference

The 15th BIICL WTO conference will be held in London on May 6 and 7.  Details are here, and a draft program is here.  I'll be chairing a roundtable on regulatory trade issues, but if that doesn't excite you, there are also lots of other panels:
Simon Lester 28 Apr 2015 1 min read

Telemedicine Policy Forum

I've put together a Cato policy forum on telemedicine, May 28 in DC.  This goes beyond international trade.  I'll have some things to say about trade, but then we'll get into more general health policy and con law issues: In the United States and
Simon Lester 27 Apr 2015 1 min read

President Obama Is Not Worried About ISDS Challenges. Should He Be?

This is President Obama talking about ISDS: "This is the notion that corporate America will be able to use this provision to eliminate our financial regulations and our food safety regulations and our consumer regulations. That’s just bunk. It’s not true. “ISDS is a form of dispute
Simon Lester 27 Apr 2015 3 min read

Ethanol and ISDS

I'm not going to stop criticizing ISDS, but while it is still here (and that may be for a long time), I'm going to look for ways to use it to promote my political preferences.  Here's an example: “THEY are jealous,” says Terry Branstad,
Simon Lester 26 Apr 2015 1 min read

Challenge to an omission of a systemic nature – US – Shrimp II (Viet Nam) and Argentina – Import Measures

This is a guest post from trade lawyer Adarsh Ramanujan : The Appellate Body, in its report circulated on April 7, 2015, rejected Viet Nam’s appeal in US – Shrimp II (Viet Nam) (DS429). The appeal was limited to one Article 11, DSU claim, covering the Panel’s rejection of Vietnam’
Simon Lester 26 Apr 2015 5 min read

An Almost Unintelligible Measure of Benefit in the Recent Currency Bill?

In the previous “Currency Reform for Fair Trade Act”, the benefit to the recipient from an undervalued currency was defined in an intuitive way. According to this Act, a benefit exists in the case of an undervalued currency: ... if the exporter or producer receives or is entitled to receive more
Marc Benitah 24 Apr 2015 1 min read

Online Gambling in the U.S.

It's booming, at least in fantasy sports: The daily fantasy sports boom began somewhere over the Atlantic Ocean in March 2009. On a trip from Britain to Texas, flying to the South by Southwest festival, Eccles pored through a copy of the Unlawful Internet Gaming Enforcement Act (UIGEA)
Simon Lester 23 Apr 2015 1 min read

The "Right to Regulate" and FET

I was watching the Senate Finance Committee markup of the TPA bill last night -- I really enjoy the "voice votes," where they all speak as loudly as they can! -- and I was struck by an exchange between Senator Sherrod Brown and USTR General Counsel Tim Reif.  Brown was
Simon Lester 23 Apr 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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