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Guest Post: Russian Sanctions, Polish Apples and the EU’s Litigation Strategy

This is a guest post from Boris Rigod, who has a Ph.D. from the EUI and is currently a law clerk at the Berlin Regional Court Poland announced its intention to initiate WTO proceedings against Russia over its import prohibition on Polish apples. The ban is Russia’s reaction
Simon Lester 14 Aug 2014 3 min read

A Lost Opportunity: Thoughts on the Result of China’s Appeal in Rare Earths

China lost its appeal in Rare Earths last week. The main issue on appeal: the availability of GATT XX exceptions to paragraph 11.3 of China’s Accession Protocol (AP), which contains China’s WTO-plus commitment to eliminate export duties and does not refer to GATT XX exceptions. This may
Julia Qin 12 Aug 2014 5 min read

Price Tags of WTO Disputes: Big and Small

Chad Brown and Kara Reynolds have released an interesting study on the trade stakes (dollar value) under the WTO dispute settlement system. (“WTO trade disputes, big and small”).  While their data confirms, intuitively, that WTO members are likely to litigate on big ticket items, such as the Boeing-Airbus dispute, the
Sungjoon Cho 11 Aug 2014 1 min read

GATT Article XX an an Exception to the TBT Agreement

I was struck by this sentence from para. 5.56 of yesterday's China - Rare Earths Appellate Body report (made in the context of discussing the relationship between China's Accession Protocol and the Marrakesh Agreement/Multilateral Trade Agreements): Article XX of the GATT 1994 has been
Simon Lester 08 Aug 2014 1 min read

The Russian Food Import Ban under the DSU

From the Washington Post: Russia has aimed its latest cross-Atlantic swing at the American food industry. On Thursday, the country announced the suspension of billions of dollars in food imports from a number of countries — including Norway, Canada, Australia, the United States and the 28-nation European Union — in retaliation for
Simon Lester 08 Aug 2014 2 min read

ISDS in CETA: Some Ideas for a Compromise

The FT reports on how ISDS is holding up the CETA negotiations: The EU struck a political agreement on a trade accord with Ottawa last year but the deal has become mired in negotiations over investors’ rights. Berlin fears that German standards of environmental and consumer protection could be undermined
Simon Lester 05 Aug 2014 2 min read

How the EU Influences WTO Jurisprudence

Following up on my blog post of earlier today, this is from Tilman Krueger: the EU actively contributes to rule development in the WTO also as a litigant in the context of WTO dispute settlement and in addition to its immediate, case-specific interests. Two examples for such behaviour will now
Simon Lester 04 Aug 2014 1 min read

Are the U.S. and EU Dominating Appellate Body "Law-Making"?

Joost raises an important systemic issue in a new paper: This contribution makes an empirical assessment of the role of precedent in WTO dispute settlement. As an imperfect proxy it counts cross-references between the 108 Appellate Body reports issued between 1996 and 2013. Using basic tools of network analysis it
Simon Lester 04 Aug 2014 1 min read

The fallacy of the Jul 31 deadline in the WTO TFA:inventing a crisis and demonizing India's democracy

The failure to agree yesterday at the WTO on the adoption of the Bali Trade Facilitation Agreement is widely being misrepresented in the media as the collapse of Bali and a new or renewed crisis for the WTO system.  True to their venerable habits of ultimatum diplomacy and pushing around
Rob Howse 01 Aug 2014 2 min read

Is Yukos a Foreign Investment Dispute?

I haven't read any of the submissions or the opinion in the Yukos investment arbitration, which resulted in the biggest award ever -- $50 billion! -- and has been making headlines in the past week. But from the articles about the case, what struck me is that the
Simon Lester 01 Aug 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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