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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

USMCA Panel Report Circulated in Auto ROO Dispute

The panel report in the USMCA Chapter 31 auto rules of origin dispute was circulated today (our WorldTradeLaw.net Chapter 31 panel reports page is here). Based on a quick skim, the panel's findings seemed reasonable to me, but I may come back to this after having looked
Simon Lester 11 Jan 2023 1 min read

If I were an Appellate Body. Post 1.

At the close of December, 2 WTO panel reports were circulated. First, United States – Certain Measures on Steel and Aluminium Products (DS544/552/556/564) on 9 December 2022. Second, United States-Origin Marking (DS597) on 21 December 2022. This post is in multiple parts. The first, If I were an
Mona Paulsen 06 Jan 2023 11 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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