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Panel Opinions on Hormones

I must admit that I was disheartened as I opened the GMO panel report, and my pdf reader told me that it was 2400 pages.  It took a while to open.  The problem is not (just) the challenge to my laziness, but the fact that many of us who might
Trachtman 03 Oct 2006 1 min read

Hormones Panel Meetings

As mentioned in an earlier post, we have arranged with Anna-Emilia Autio ([email protected]) and Petko Kantchevski ([email protected]) to report on the panel meetings in the Hormones Sanctions cases (DS320 and DS321).  Due to the length of the meetings, it probably doesn't make
Simon Lester 01 Oct 2006 1 min read

Panel Report on EU-Biotech: Politically Savvy yet Legally Ambivalent?

The final panel report on the EU-Biotech dispute has just been released. http://www.wto.org/english/news_e/news06_e/291r_e.htm    I found this report politically savvy but legally ambivalent. First, a moratorium, whether de facto or de jure, is a "ban" or a "
Sungjoon Cho 29 Sep 2006 3 min read

<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

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Tracking Goods Exports under the Trump Administration's Trade Policies

My sense is that one of the reasons some traditionally pro-trade members of Congress have continued to support Trump's trade policies, despite misgivings they may have about tariffs, is because they hope these policies will pry open foreign markets, leading to increased US exports.
07 May 2026 8 min read

Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

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