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<strong>ILC Report on “Fragmentation” is Out and Favors Close WTO-International Law Link</strong>

Those interested in how WTO law interacts with the rest of international law may know that in 2002 the UN International Law Commission (ILC) set up a Study Group to examine the “fragmentation” of international law.  Well, the final report and conclusions of this Study Group are now published.  In
Pauwelyn 28 Sep 2006 3 min read

The Role of Precedent in WTO Dispute Settlement

At this point, many people are probably zoning out while trying to read all the recent "zeroing" decisions. But buried in the latest panel decision (DS322) is an interesting question regarding the role of precedent in WTO dispute settlement.  Briefly, the Panel decided not to follow the approach
Simon Lester 24 Sep 2006 2 min read

Call for Papers

Here is a call for papers from the Asian Journal of WTO & International Health Law and Policy (which is part of the Asian Center for WTO & International Health Law and Policy, National Taiwan University): http://www.law.ntu.edu.tw/center/wto/05publications.asp?tb_index=40 It&
Simon Lester 22 Sep 2006 1 min read

Recognition and Choice of Law

Congratulations to Ralf Michaels on a very interesting paper examining the relationship between traditional private international law principles and the principle of recognition in European Union law.  Here is the abstract: EU Law as Private International Law? Re-Conceptualising the Country-of-Origin Principle as Vested Rights Theory RALF MICHAELS Duke University -
Trachtman 21 Sep 2006 2 min read

Matching SOX

Today's FT has an editorial complaining about the extraterritorial inspections of Ernst & Young (in London) carried out recently by the Public Company Accounting Oversight Board under Sarbanes-Oxley (SOX).  The FT's point is that this work is duplicative of UK inspection, and imposes additional (and impliedly
Trachtman 20 Sep 2006 1 min read

Airbus-Boeing: Now It's A Bidding War

It's rare that the U.S. Department of Defense gets involved in trade disputes, but I guess Airbus-Boeing is such a big dispute that it's drawing everyone in.  According to Reuters, as part of the Air Force's "multibillion-dollar competition for aerial refueling tankers,
Simon Lester 19 Sep 2006 1 min read

Hormones Panel Meetings

The current WTO panel proceedings in the Hormones Sanctions cases (DS320 and DS321) are noteworthy not just for the interesting issues under the SPS Agreement and the DSU, but also because this panel was the first to open its meetings with the parties to the public.  This took place in
Simon Lester 15 Sep 2006 1 min read

Trade and the Environment Report

Reuters is reporting on what they refer to as a "UN study" that argues "[t]he world needs clearer rules to judge when trade curbs on environmental or health grounds are justified or are simply protectionist."  It also "urged governments to work out a common
Simon Lester 14 Sep 2006 1 min read

WTO at 10!

Here is a notice regarding the recently published papers from one of the "WTO at 10 conferences: The WTO at Ten: The Contribution of the Dispute Settlement System", edited by Giorgio Sacerdoti, Alan Yanovich, and Jan Bohanes, assesses the first ten years of the World Trade Organization.  It
Trachtman 10 Sep 2006 1 min read

The New Comparative Law: A Legacy of Hernando de Soto, and Laporta, Lopez, Schleifer, Vishny and Djankov

The World Bank has just published a new report on doing business in 175 countries, examining regulation and regulatory reform in a number of areas.  The central concern of the report is cost-benefit analysis of regulation:  what types of regulation that seem to provide little benefit are most costly?  This
Trachtman 06 Sep 2006 1 min read

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AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

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