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Some Quick Reactions to the WTO Panel Report on U.S. - Safeguards on Photovoltaic Products

The WTO panel report on U.S. - Safeguards on Photovoltaic Products was circulated today. Here are a few reactions based on a very quick read of the report. First, it seems like kind of a big deal that a safeguard measure, and in particular a U.S. safeguard measure,
Simon Lester 02 Sep 2021 2 min read

The Solar Safeguards Panel Report - Some First Reactions

The newly-released Panel Report in US – Solar Safeguard (WT/DS562/R) is of course notable in that, for the first time, a global safeguard measure challenged in WTO dispute settlement has fully survived panel review. A longstanding practice of imposing standards so high that they could never be satisfied has
Jesse Kreier 02 Sep 2021 1 min read

USMCA State-State DS Is Keeping Busy

Panel composition in a second USMCA dispute, on U.S. - Solar Safeguards, was recently announced (the first USCMA dispute panel to be composed was discussed here). The panelists are: * Mario Matus, Chair, by agreement of the disputing Parties * Jennifer Hillman, Appointed by Canada, the complaining Party * Donald M. McRae,
Simon Lester 01 Sep 2021 1 min read

Trade, Executive Agreements and US Law: Invitation to Trouble?

It may not be a new idea, but recent developments remind me how the status of US trade agreements as executive agreements, and the consequent (lack of a) role for them in US domestic law, has hindered the United States’ ability to comply with its international obligations, and generated unnecessary
Jesse Kreier 31 Aug 2021 2 min read

The Place of China in U.S. Foreign Policy After 9/11 and China's WTO Accession

Former State Department official Evan Feigenbaum was recently part of an oral history project on the George W. Bush presidency. I found his comments on that administration's initial focus on China in foreign policy but subsequent shift to the Middle East after 9/11 very interesting. I have
Simon Lester 29 Aug 2021 14 min read

Economic Sanctions, Nuclear Proliferation and Regional Stability: Whither Iran & the Biden Administration?

From its earliest days, restoring the Iran nuclear deal has been a priority of the Biden Administration. A signal foreign policy accomplishment of former US President Barack Obama, the deal involved Iran agreeing to concrete verifiable steps to constrain those aspects of its nuclear energy program feared by the West
Rob Howse 26 Aug 2021 9 min read

Entries for the 2022 Hart SIEL-HART Prize in International Economic Law open in September 2021

This is from Hart and SIEL: ABOUT THE PRIZE The SIEL–Hart Prize is awarded every 2 years to an outstanding unpublished manuscript by an early career scholar in the field of International Economic Law and is sponsored by the Society of International Economic Law and Hart Publishing. WHAT CAN
Simon Lester 26 Aug 2021 1 min read

A Possible Fifth MPIA Case

I previously noted the four WTO disputes where agreed procedures between the parties for using the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) have been circulated (as well as an agreement to use Article 25 arbitration outside the context of the MPIA). There is now a fifth dispute, China - AD/
Simon Lester 20 Aug 2021 1 min read

Guest Post: New Book on Climate Clubs and International Trade and Investment Law

This is a guest post from law professor Rafael Leal-Arcas Climate Clubs for a Sustainable Future: The role of international trade and investment law (Kluwer Law International, 2021), by Rafael Leal-Arcas (Queen Mary University of London). We know the science of climate change; we know the economics of climate change;
Simon Lester 10 Aug 2021 3 min read

How Did the U.S. Set Tariffs When Unconstrained by Trade Agreements?

Here's an excerpt from a very interesting new paper by Doug Irwin and Anson Soderbery: What objective is a government trying to achieve in setting import tariffs? ... what factors would drive government behavior in the absence of such agreements when countries have complete autonomy in setting tariff rates?
Simon Lester 09 Aug 2021 2 min read

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Some Questions about the Cambodia and Malaysia Trade Deals

The White House released the texts of trade agreements with Cambodia and Malaysia today. I have lots of questions about this.
26 Oct 2025 3 min read

How Should the U.S. Respond To China's Non-Market Practices?

In an interview last week, Treasury Secretary Scott Bessent talked about the Trump administration's response to China's non-market practices. Part of this response, as he presents it, has been for the U.S. to pursue a specific version of state-led industrial policy as a defensive measure.
20 Oct 2025 5 min read

Guest Post: Too Big To Fail: The EU Steel Industry, Article XXVIII of the GATT 1994 and the EU’s Free Trade Agreements

This is a guest post by trade lawyer Victor Crochet and law professor Weihuan Zhou Steel has long been a contentious topic in international trade, in part because of the numerous jobs it creates and its relevance to downstream industries including those related to national defense. In the European Union
13 Oct 2025 8 min read

Beware the "Securitization" of Trade Policy

In recent years, U.S. trade policy has seen a creeping takeover by "security" concerns. The precise scope of these concerns is unclear, but they appear to cover both the traditional aspects of military-related security as well as the vague and amorphous concept of "economic security."
06 Oct 2025 4 min read

Stephen Miran on Tariffs and National Savings

In a speech earlier this week, Stephen Miran, who had been the Chair of the Council of Economic Advisers and is now a member of the Federal Reserve Board, made his case for a looser monetary policy. One aspect of his argument was that he thinks national savings will be
24 Sep 2025 4 min read

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