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Legal Analysis of the Trade Facilitation Agreement

I still don't know much about the Trade Facilitation Agreement, but law prof Antonia Eliason does, and she has written an article about it.  Here's the abstract: This article provides a first analysis of the new WTO Trade Facilitation Agreement, tracing it from its origins in
Simon Lester 28 Mar 2014 1 min read

Associate Editor Position

From the MJIEL: ASSOCIATE EDITOR/S FOR THE MANCHESTER JOURNAL OF INTERNATIONAL ECONOMIC LAW (MJIEL) The MJIEL is looking for Associate Editor/s with a proven and distinguished record in research in the field of International Economic Law to work with Professor Asif H Qureshi and Dr Xuan Gao and
Simon Lester 28 Mar 2014 1 min read

Trade Constitution 2.0

Both Professor Howse and Simon raised an important issue in the China-Rare Earths panel report, whose full ramifications, I believe, would go beyond this particular dispute.  To me, the panel’s ostensibly nebulous position on GATT Article XX denotes hermeneutical birth pangs for the “Trade Constitution 2.0.”  What
Sungjoon Cho 28 Mar 2014 2 min read

China - Rare Earths: Some Systemic Issues

The China - Rare Earths WTO panel report was circulated yesterday. What's jumping out at me in the report are some really interesting systemic issues. First, there is some good stuff about the role of precedent, and when a WTO panel might depart from prior Appellate Body reasoning (which
Simon Lester 27 Mar 2014 1 min read

Rare Earths:The Right to Regulate as a General Principle of WTO Law and a Canon of Interpretation

This won't be my last post on Rare Earths, but its the first. In China-Publications the Appellate Body addressed the possibility that the Article XX general exceptions might apply with respect to obligations under agreements other than the GATT, in that case China's Protocol of
Rob Howse 27 Mar 2014 2 min read

More on GSP Withdrawal to Enforce Arbitration Awards

Roger Alford is pushing forward with the debate on whether withdrawal of GSP benefits can be used to enforce investment arbitration awards, with another blog post on the issue. Let me push back a bit. Roger says: the Enabling Clause requires GSP benefits to be conferred in a non-discriminatory
Simon Lester 25 Mar 2014 4 min read

GSP Withdrawal to Enforce Investment Arbitration Awards

Roger Alford has an interesting post over at Opinio Juris (based on an article), in which he discusses the withdrawal of GSP benefits as a way to induce compliance with investment arbitration awards. To illustrate this situation, let's say a government has previously offered lower tariffs to a
Simon Lester 24 Mar 2014 3 min read

The Scope of the TBT Agreement: What is a Technical Regulation?

Having followed Rob's coverage of the Seal Products Appellate Body hearing, there is an issue that puzzles me: What is the scope of the "technical regulations" covered by the TBT Agreement?  I'm finding that I have no idea how to think about this question.
Simon Lester 21 Mar 2014 2 min read

Regulating Cheap Newspapers

From the Jerusalem Post: Israel Hayom may have to look for a new business model if a bill outlawing free daily newspapers passes into law. The text of the bill, proposed by MKs Eitan Cabel (Labor), Robert Ilatov (Yisrael Beytenu), Ayelet Shaked (Bayit Yehudi), Elazar Stern (Hatnua), Ariel Attias (Shas)
Simon Lester 20 Mar 2014 1 min read

ASIL IEcLIG Call for Papers

From the ASIL/IEcLIG: CALL FOR PAPERS American Society for International Law International Economic Law Interest Group (IEcLIG) in partnership with the University of Denver Sturm College of Law Sutton Colloquium 2014 Biennial Research Conference: REASSESSING INTERNATIONAL ECONOMIC LAW AND DEVELOPMENT: NEW CHALLENGES FOR LAW AND POLICY University of Denver
Simon Lester 20 Mar 2014 2 min read

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Featured

A law of many meanings: Exchange Actions under the GATT and IMF

Earlier this week, Simon Lester posted about the EU’s concerns with the undervaluation of the Chinese currency. He situated the recent demands for trade restrictions against a longstanding debate about the function of GATT Article XV:4.
25 Jun 2026 8 min read

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

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