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CfP: A deep dive into the legal world of Trade and the Environment

This call for papers comes from the co-editors of The quest for a Greener tomorrow! A deep dive into the legal world of Trade and the Environment: This book project seeks articles, essays, research papers, legislative comments or case commentaries from interested participants on the following potential sub-themes,
Inu Manak 18 Sep 2022 1 min read

China Trade Monitor Post on Banned Fish Products and USMCA

China Trade Monitor is subscriber-only, but our recent post entitled "China-Mexico Trade in Banned Fish Products under Discussion in USMCA" has a tuna-dolphin/shrimp-turtle feel to it and thus may have broad appeal, so I thought I'd open it up to everyone.
Simon Lester 15 Sep 2022 1 min read

The Latest Effort To Clarify FET and Indirect Expropriation

Over at Investment Arbitration Reporter, Damien Charlotin has a piece about a draft text developed by Germany and the European Commission to clarify the interpretation of the obligations on fair and equitable treatment and indirect expropriation in CETA. The draft text document is characterized as a "Draft Decision of
Simon Lester 12 Sep 2022 1 min read

Katherine Tai on Policy Space and Sovereignty

This is something U.S. Trade Rep. Katherine Tai said at a Carnegie Endowment for International Peace event last week: There often is a tension between how international trade rules interact with our own domestic policies and regulations. International trade rules tend to discipline what countries can do and there&
Simon Lester 12 Sep 2022 1 min read

Do Appeals Have To Go into the "Void"?

Reading over some DSU provisions again, I wonder if there is an argument that appeals need not go into the "void" in the absence of the Appellate Body, at least not permanently. DSU Article 16.4 says: "If a party has notified its decision to appeal, the
Simon Lester 06 Sep 2022 7 min read

Tenure Track IEL Job at Fletcher

The Fletcher School is seeking a professor of international economic law.  Posted here:  http://apply.interfolio.com/112725 Description The Fletcher School of Law and Diplomacy, a leading graduate school of international relations, seeks to fill a full-time faculty position in international economic law at the assistant professor level.
Joel Trachtman 02 Sep 2022 1 min read

Comments by WTO Members on the First Article 25 Arbitration Appeal (Plus Some U.S. Domestic Politics)

The Turkey - Pharmaceutical Products Article 25 arbitration award, which functioned as an alternative appellate review mechanism while Appellate Body appointments are still blocked, was discussed at the August 29 DSB meeting. Here's how the WTO web site summary of the meeting described comments from WTO Members on the
Simon Lester 30 Aug 2022 4 min read

Meet the New Industrial Policy, Same as the Old Industrial Policy

Here is a piece I published last week on the Baker Institute blog: MEET THE NEW INDUSTRIAL POLICY, SAME AS THE OLD INDUSTRIAL POLICY? With the recent enactment of the CHIPS and Science Act, longtime advocates of industrial policy are feeling a sense of triumph, and proclaiming that U.S.
Simon Lester 28 Aug 2022 4 min read

How Will Authors React if Software Can Identify Authorship of WTO Dispute Rulings?

Back in 2019, I wrote about a paper by Joost Pauwelyn and Krzysztof Pelc on the role of the Secretariat in WTO disputes, following up on Joost's own post about the paper. As Joost put it, this is what they did and what they found: We begin by
Simon Lester 21 Aug 2022 4 min read

Forced Labor in International Economic Law: U.S. and Chinese Initiatives, and the Persistent Silence of the Exploited

In the United States, August is the time of year when professors and students scramble to get their affairs in order before the academic term. I should be doing those things. Instead (I’m not procrastinating, you’re procrastinating), I’ve decided to share my thoughts on the recent forced
Desiree LeClercq 14 Aug 2022 4 min read

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What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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