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Do We Need More Appellate Body Members?

From WTO DG Roberto Azevedo: Some years ago there was a proposal to increase the number of AB members. Under the current situation the 7 member AB can handle around 10-12 appeals at most per year. That’s stretching the envelope. And this is with AB Members working almost full-time.
Simon Lester 28 Sep 2014 1 min read

The Limits of Regionalism

From WTO DG Roberto Azevedo: ... there are many big issues which can only be tackled in an efficient manner in the multilateral context through the WTO. Trade Facilitation was negotiated successfully in the WTO because it makes no economic sense to cut red tape or simplify trade procedures at the
Simon Lester 28 Sep 2014 1 min read

Burger Taxes

Trade law is famous for its "sin" tax cases, on products such as alcohol and tobacco.  But the list of "sins" out there keeps growing.  There is sugar, there is junk food in general, and yes, now we have hamburgers.  This is from the FT: Anyone
Simon Lester 24 Sep 2014 2 min read

Trade in Everything: Prison Services

Apparently, there is not enough crime in the Netherlands to fill their prisons, so they are looking elsewhere for occupants.  At the same time, the Norwegians are facing a shortage of prison space due to "renovations." (Granite countertops in the kitchens?)  Luckily, international trade has come to the
Simon Lester 24 Sep 2014 1 min read

How to Defend ISDS

Last week, I was complaining about an attempt to defend ISDS by someone who did not seem aware of how investment obligations work.  In contrast, here is someone who gets it right: What investment treaties typically do is offer investors (in either direction) reciprocal guarantees of basic principles such as
Simon Lester 22 Sep 2014 1 min read

Is the First Trade/Labor FTA Panel Report Finally Coming?

The U.S. has been threatening to pursue complaints under labor chapters of trade agreements for a while now.  USTR's announcement yesterday may indicate that we will soon see an actual panel process completed: United States Trade Representative Michael Froman today announced that the United States is proceeding
Simon Lester 19 Sep 2014 1 min read

How Not to Defend ISDS

Investor-state dispute settlement is a complex, difficult issue. Reasonable people can disagree on it. I've come out against it, but I see why people would be for it. However, when people do support it, I wish they would get the law and the facts right.  It doesn'
Simon Lester 17 Sep 2014 2 min read

ISDS in CETA

CETA, the Canada-EU trade deal under negotiation, is well ahead of the TTIP in terms of its progress towards a final text.  How is it faring in terms of politics?  The European Parliament was debating it yesterday.  Here's what they report: Hopes and fears for the EU-Canada Comprehensive
Simon Lester 17 Sep 2014 2 min read

Questions about Telemedicine, CETA, and TTIP

I've been watching the telemedicine industry with great interest.  As with online education, I think there is great potential to offer medical services online.  Not all of them, of course, but certainly many types of consultations could take place this way.  If governments allow it, that is. If
Simon Lester 15 Sep 2014 1 min read

New Website

I thought I'd announce that I have a new website, which makes many of my publications available for downloading at one place, including selected forthcoming publications.  From the menu you can find these under various topics, which include "Globalization and Governance" and "International Law."
Rob Howse 14 Sep 2014 1 min read

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The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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