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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

Sovereignty in the TPA Bill

Last year, I mentioned a puzzling provision on "sovereignty" in the TPA bill introduced in the Senate.  This year's Senate TPA Bill has the same provision, but I'm going to highlight a different aspect: SEC. 8. SOVEREIGNTY. ... (c) DISPUTE SETTLEMENT REPORTS.—Reports, including findings
Simon Lester 22 Apr 2015 1 min read

The Problem With Bilateral and Regional Trade Agreements

From some economists: Recent decades have witnessed two major trends in international trade. First, technological progress and falling trade barriers have led to the emergence of global value chains and to a surge in international trade in intermediate goods. Second, there has been a proliferation of free trade agreements (FTAs)
Simon Lester 22 Apr 2015 1 min read

More on Best Treatment and National Treatment

Here's the conclusion of the paper by Arwel Davies that I mentioned a while back: The advice for Treaty drafters is that there is some scope for clarifying the TNLF [treatment no less favourable] standard, to the extent that phrases such as ‘no less favourable than the most
Simon Lester 20 Apr 2015 1 min read

Are Complainants Abandoning TBT Agreement Article 2.2?

This is from a paper about WTO dispute settlement published on the ICTSD website as part of the E15 process: there is evidence that the existing ... perception that claims under Article 2.2 of the Agreement on Technical Barriers to Trade (TBT Agreement) are extremely difficult to win is having
Simon Lester 20 Apr 2015 1 min read

Could the Uruguay Round Be Completed Today?

This is from Pierre Sauvé and Marta Soprana: The ASCM, like the Uruguay Round of which it formed a part, was quite clearly the byproduct of a peculiar, “end of history” moment. It is doubtful that such disciplines could easily be replicated today given the vastly more questioning attitudes that
Simon Lester 20 Apr 2015 1 min read

The Tuna 21.5 WTO Panel Report: Timing of the Discrimination Analysis

This is from the Tuna 21.5 WTO panel report: 7.448. Before concluding, the Panel must deal with the United States' argument that with regard to the access to the dolphin-safe label, no tuna product of a Member has a right to the label. The United States
Simon Lester 17 Apr 2015 2 min read

The Tuna 21.5 WTO Panel Report: Unilateralism

This is from the Tuna 21.5 WTO panel report: 7.466. Before concluding, we note that in its second written submission, Mexico argues that what it considers to be the United States' unilateral action in designing and applying the dolphin-safe labelling conditions and requirements of the amended
Simon Lester 17 Apr 2015 2 min read

ESIL Annual Conference 2015, Oslo

From the University of Oslo: The 11th Annual Conference of the European Society of International Law (Oslo, September 10-12, 2015) will be hosted by the University of Oslo’s PluriCourts Center on the Legitimate Roles on the Judiciary in the Global Order. The conference is entitled “The Judicialization of
Simon Lester 17 Apr 2015 1 min read

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Featured

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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