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The MPIA: What’s New? (Part I)

On 21 December 2022, more than two and a half years after its creation, the World Trade Organization’s (WTO’s) Multi-Party Interim Appeal Arbitration Arrangement (MPIA) finally produced its first appellate award.[1] The inaugural MPIA award was issued in a dispute filed by the EU in November 2019
Joost Pauwelyn 21 Feb 2023 4 min read

Manufacturing and Trade Balances

Recently, I tweeted this about the trade balance: Ro Khanna's Twitter bio says "Trade surplus again." I wish people would think more deeply about the trade balance. Here are some good pieces to read: https://cato.org/blog/trade-deficit-disorder… https://cato.org/testimony/americas-misunderstood-trade-deficit… https://cato.
Simon Lester 12 Feb 2023 5 min read

New Paper on "The Extension of Legal Precedent": How Much Reliance on Precedent Is Too Much?

Precedent in trade law is a hot topic these days. Jeffrey Kucik, Lauren Peritz, and Sergio Puig have a new article out called "Legalization and Compliance: How Judicial Activity Undercuts the Global Trade Regime." This is the abstract: The crisis facing the World Trade Organization illustrates the trade-off
Simon Lester 08 Feb 2023 3 min read

U.S. Views on MPIA Arbitrators' Consideration of AD Agreement Legal Standard of Review

At last Friday's DSB meeting, the U.S. had some positive things to say about how the MPIA arbitrators in the Colombia - Frozen Fries dispute handled the issue of the AD Agreement Article 17.6(ii) legal standard of review: - The United States intervenes to comment
Simon Lester 01 Feb 2023 3 min read

The Curious Case of US Self-Judging, Part 2

Last Friday, the United States appealed the US-Origin Marking Requirement (DS597) and the US-Steel and Aluminium Products (DS544,552, 556, 564) reports. With the appeal came news that the US would lead an effort to draft an authoritative interpretation of GATT Article XXI. This U.S. administration will want to
Mona Paulsen 30 Jan 2023 9 min read

National Security Disputes, Non-Violation Nullification or Impairment, and Authoritative Interpretations

At today's DSB meeting, in the context of the consideration of the U.S. - Steel/Aluminum and U.S. Origin Marking panel reports, the U.S. offered the following explanation of why it was appealing the reports into the void, as well as some broader steps it
Simon Lester 27 Jan 2023 5 min read

Expanding US Free Trade Agreements in Pursuit of Clean Energy and Trade Justice

Expanding US Free Trade Agreements in Pursuit of Clean Energy and Trade Justice Steve Charnovitz 26 January 2023 In 2022, the United States (US) Congress passed yet another statute (US Public Law 117–169) violating the law of the World Trade Organization (WTO). One provision of that statute has received
Charnovitz 26 Jan 2023 3 min read

The Risks and Economic Consequences of Inefficiency

Here is something U.S. Trade Rep. Katherine Tai said at a World Economic Forum event last week: So I think that whether it's in the world of goods trade, or services trade, or digital trade, part of what we are struggling with right now at this inflection
Simon Lester 22 Jan 2023 3 min read

Call for Abstracts: European Yearbook of International Economic Law (EYIEL)

This is from the editors of the European Yearbook of International Economic Law: The editors of the European Yearbook of International Economic Law (EYIEL) welcome abstracts from scholars and practitioners at all stages of their career for the EYIEL 2023. This year’s focus section will be on European and
Inu Manak 18 Jan 2023 1 min read

SIEL Call for Papers, Posters and Panels: Deadline Extended: 1 February 2023

This is from the SIEL: Please note that we have extended the deadline for the submission of paper, panel and poster proposals for SIEL 2023 until 1 February 2023. You can find the revised Call for Papers, Panels and Posters here.
Simon Lester 13 Jan 2023 1 min read

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Guest Post: Too Big To Fail: The EU Steel Industry, Article XXVIII of the GATT 1994 and the EU’s Free Trade Agreements

This is a guest post by trade lawyer Victor Crochet and law professor Weihuan Zhou Steel has long been a contentious topic in international trade, in part because of the numerous jobs it creates and its relevance to downstream industries including those related to national defense. In the European Union
13 Oct 2025 8 min read

Beware the "Securitization" of Trade Policy

In recent years, U.S. trade policy has seen a creeping takeover by "security" concerns. The precise scope of these concerns is unclear, but they appear to cover both the traditional aspects of military-related security as well as the vague and amorphous concept of "economic security."
06 Oct 2025 4 min read

Stephen Miran on Tariffs and National Savings

In a speech earlier this week, Stephen Miran, who had been the Chair of the Council of Economic Advisers and is now a member of the Federal Reserve Board, made his case for a looser monetary policy. One aspect of his argument was that he thinks national savings will be
24 Sep 2025 4 min read

A GOP Tariff Working Group and Post-Trump U.S. Trade Politics

The Hill reported last week that a handful of pro-trade Republicans in Congress used some leverage during a vote about voting on tariffs – it's complicated, check out the details at the link for more! – to get a Republican working group on tariffs established: And [Tom] McClintock [R-CA] said
21 Sep 2025 4 min read

The Japan-U.S. Investment MOU: Centrally Planned Foreign Investment?

In the last post, Mona set out the basics of the Japan-U.S. MOU on "Strategic Investments" in the U.S. – or at least, a version of the MOU that was posted by the Japanese government online, although we don't know for sure if this is
14 Sep 2025 3 min read

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