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If an Appellate Body Report Falls in the Woods ...

If an Appellate Body report falls in the woods, and no one is there to hear it, does it have any precedential value?  I ask because the Appellate Body issued a report yesterday, and no one seemed to notice.  Usually, there is at least some brief reporting by Reuters and
Simon Lester 08 Apr 2015 1 min read

Are BITs Really All About Politics?

Here's an excerpt from a paper by U. of Chicago law prof Adam Chilton: Given the limited interest in—and evidence of—the investment benefits of BITs, it is worth reconsidering why the United States actively pursued a BITs program for three decades. I argue that the dominant
Simon Lester 08 Apr 2015 2 min read

A Response to Henry Kissinger and George Shultz on the Iran Deal

In the Wall Street Journal, Henry Kissinger and George Shultz, former Secretaries of State, have damned with faint praise the strategy of diplomacy pursued by the Obama Administration with respect to Iran and its nuclear program.  Their bottom line: unless there is an effective grand strategy to address Iran'
Rob Howse 07 Apr 2015 4 min read

WHY ARE APPELLATE BODY REPORTS SO HARD TO READ SOMETIMES?

The more I read Appellate Body Reports, the more I notice (not infrequently) that  when really difficult interpretative issues are at stake, then don’t count on the Appellate Body to make things easier for you. In other words, my impression is that the Appellate Body has developed a series
Marc Benitah 07 Apr 2015 2 min read

Sanctions, Reactors, and Legal Effects: Inventing "Contradictions" Between Washington and Tehran on the JCPOA

A recent story in the New York Post http://bit.ly/1NK55m1 is making a rather sensational claim that Iran's official statement in Farsi about the deal last week on sanctions and nuclear proliferation contradicts in essential respects the State Department's fact sheet, which I discussed
Rob Howse 05 Apr 2015 3 min read

The Logic of Economic Sanctions and the Design of the Deal:Why the President not Congress has the Upper Hand on Iran

Last month, Tom Cotton and 46 of his colleagues in the Senate tried to run interference with the Administration's nuclear negotiations with Iran, addressing a letter to the leadership in Tehran that suggested Congress could destroy any legal certainty in an eventual deal with Iran, if not reversing
Rob Howse 04 Apr 2015 5 min read

Cecilia Malmstrom on ISDS in the TTIP: Part 2 (Exceptions)

Here's more from EU Trade Commissioner Cecilia Malmstrom: For all these reasons, I believe the question about putting investment in TTIP is not whether we should do it but how we can do it right. Can we design a new form of investment arbitration that keeps the benefits
Simon Lester 31 Mar 2015 1 min read

Cecilia Malmstrom on ISDS in the TTIP: Part 1 (FET and State-State)

This is from a recent speech by EU Trade Commissioner Cecilia Malmstrom: Let me start by stating what is perhaps obvious. The Commission's assessment is that we need to negotiate rules on investment protection and ISDS in TTIP. I know that some members of this house believe otherwise,
Simon Lester 31 Mar 2015 1 min read

The Peru - Agricultural Duties Appeal: Lots of International Law

For all you international law lovers out there, here are some excerpts from the notice of appeal in Peru - Agricultural Products, filed last week: I. The Panel Erred in Law by Failing to Find that Guatemala Acted Inconsistently with Its Good Faith Obligations under DSU Articles 3.7 and 3.
Simon Lester 30 Mar 2015 2 min read

"Don't Use Facebook" as a Measure

This is from the Guardian: The European Commission has warned EU citizens that they should close their Facebook accounts if they want to keep information private from US security services, finding that current Safe Harbour legislation does not protect citizen’s data. The comments were made by EC attorney Bernhard
Simon Lester 30 Mar 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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