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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
Joel 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
Joel 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
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
Joel Trachtman 10 Sep 2006 1 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in 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."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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