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Call for Papers: 15th BIICL WTO Conference

From BIICL/IIEL: The Annual WTO Conference was originally established in 2000 through a partnership between the British Institute of International and Comparative Law (BIICL) and the Institute of International Economic Law (IIEL) at the Georgetown University Law Center, and is currently organized jointly by BIICL, IIEL, and the Society
Simon Lester 26 Jan 2015 3 min read

Let Them Eat Chocolate

My chocolate-loving friends tell me this is outrageous and something needs to be done: Hershey filed a lawsuit in August against LBB Imports, a New Jersey company that sells specialty products from Britain, South Africa and Australia. LBB has since stopped importing the U.K. brands that Hershey objected to.
Simon Lester 26 Jan 2015 1 min read

A DSB for ISDS?

I don't read absolutely everything there is to read on ISDS, so maybe this proposal from U.S. Rep. Sander Levin is out there already and has been dicussed to death, but it was new to me: TPP should include several new provisions to protect the rights of
Simon Lester 22 Jan 2015 1 min read

Is There An International Economic Law "Super-Legislature"?

This is from University of Chicago law prof Brian Leiter: I propose to defend and explore three claims in this lecture. First, there is very little actual “law” in federal constitutional law in the United States, especially with respect to cases that end up at the U.S. Supreme Court:
Simon Lester 21 Jan 2015 1 min read

The CAFTA Labor Panel's Procedural Ruling

The CAFTA panel set up to hear the U.S. complaint regarding Guatemala's enforcement of its labor laws has issued a procedural ruling.  The basic question was, "how the panel should address, as a matter of procedure, a request by Guatemala for a preliminary ruling"?  Guatemala
Simon Lester 19 Jan 2015 1 min read

Banning GMOs for Cultural (or Moral) Reasons

Yesterday (January 13), the European Parliament passed a legislative resolution regarding the “possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory.”  The gist of this legislation is that the EU member states may ban GMOs for non-scientific (such as cultural
Sungjoon Cho 14 Jan 2015 1 min read

The EU Report on ISDS Public Consultations

The European Commission issued its report today on the public consultations it carried out on ISDS.  (A fact sheet is here; press release is here). Commissioner Malmström held a press conference, but there didn't seem to be much interest.  (I think you can watch it here).  Only two
Simon Lester 13 Jan 2015 1 min read

The Role of DSU Article 11 in WTO Appeals

A few months ago, in its China - Rare Earths report, the Appellate Body said this: 5.227 ... an Article 11 claim must be clearly articulated and substantiated with specific arguments, including an explanation of why the alleged error has a bearing on the objectivity of the panel's
Simon Lester 09 Jan 2015 1 min read

Panel on Reshaping the Investor-State Dispute Settlement System

Here are some details on an upcoming event on ISDS here in DC: The Wilson Center will host a panel to examine practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has
Simon Lester 09 Jan 2015 1 min read

Call for Submissions: Utrecht Journal of International and European Law

The Utrecht Journal of International and European Law has issued a call for submissions for its 81st edition on "General Issues in International and European Law." The call is here, and says in part: The Utrecht Journal of International and European Law is issuing a Call for Papers
Simon Lester 09 Jan 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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