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Two Recent Developments in DSU Article 25 Arbitration Arrangements

Are we getting closer to the day when DSU Article 25 arbitration is used for WTO dispute settlement appeals, either through the MPIA or outside of it? I have a theory that a successful use of this alternative appeal mechanism could create the incentive for Appellate Body reform, but that&
Simon Lester 18 Apr 2022 2 min read

Some Questions about the U.S. Law Suspending Normal Trade Relations Treatment with Russia and Belarus

On Thursday, both the House and the Senate voted to pass the "Suspending Normal Trade Relations with Russia and Belarus Act" (HR 7108), and President Biden signed it into law on Friday. It looks to me, but correct me if I've missed something in the fine
Simon Lester 09 Apr 2022 2 min read

Katherine Tai on the Critics

This is from a Katherine Tai interview with Bloomberg TV anchor Haslinda Amin: Amin: You've been criticized for your trade policy, some say that it lacks ambition, some say you've not done enough to bring cost down for American companies. What do you make of those
Simon Lester 06 Apr 2022 5 min read

Misunderstandings on the Nature of Today's Globalization

I'm always up for a good debate about trade and globalization, so when the folks at American Compass asked me to comment on some of their recent work, I agreed to do so. American Compass is run by Oren Cass, a former Mitt Romney adviser who has moved
Simon Lester 29 Mar 2022 2 min read

The WTO must deliver on PM Mottley’s message … and on the next-generation version of itself! Post by Jan Yves Remy

This post is by Jan Yves Remy, Director of the Shridath Ramphal Centre At a time when all is not well with international economic relations, a message of inclusiveness, equity and morality in trade appears to have resonated strongly in a room at the World Trade Organization (WTO) packed to
Simon Lester 28 Mar 2022 4 min read

Waiving Russia Adieu in the WTO? Post by Tomer Broude

This post is by law professor Tomer Broude of the Hebrew University of Jerusalem With the Russian Federation’s invasion of Ukraine now about to enter its second month, concerns not only for the fate of civilians are rising, but also for democracy and the international rule of law. There
Simon Lester 26 Mar 2022 4 min read

Prospects for the Green Steel Deal

The Roosevelt Institute held a webinar on Tuesday entitled "Green Steel Deal: A Transformative Trade Policy for Our Economy & Environment." I remain skeptical about this approach to reducing carbon emissions, but nevertheless I am following it with interest. U.S. Trade Rep. Katherine Tai offered remarks at
Simon Lester 24 Mar 2022 8 min read

USMCA Panel Composition in Autos ROO Dispute Announced

A third USMCA Chapter 31 state-state dispute is underway, with the panel having been composed in the Autos Rules of Origin dispute on March 22. There are five panelists on this one (which differs from the three panelists on the previous two cases): * Mr. Elbio Rosselli – Chairperson; * Ms. Kathleen Claussen
Simon Lester 24 Mar 2022 2 min read

Katherine Tai on Beating Regulatory Systems Into Submission

During a press conference at the conclusion of the Dialogue on the Future of Atlantic Trade today, U.S. Trade Rep. Katherine Tai said this: Let us talk through and ask ourselves new sets of questions, not how do I beat your regulatory system into submission, or ... fend off your
Simon Lester 22 Mar 2022 1 min read

Guest Post: Transforming World Trade and Investment Law for Sustainable Development?

This is a guest post from Prof. Ernst-Ulrich Petersmann, European University Institute Florence The geopolitical conflicts and related trade wars (eg against China and Russia), climate change and other environmental disasters, global health and food crises, Russia’s military invasions and war crimes in Ukraine confront the UN and WTO
Simon Lester 22 Mar 2022 4 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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