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Is it time to bring back the AB?

Greg Shaffer and I think so in our new op-ed in the Hill, but not everyone seems to agree with us, as illustrated in this lively Twitter exchange with Dan Ikenson, Rob Howse and Simon Lester. However, I think there might be some movement on this issue in the WTO
Henry Gao 28 Oct 2021 1 min read

Can the Biden Administration's Push for More "Made in America" Be Challenged under the GPA?

Long-time trade lawyer Jean Heilman Grier has a great blog focusing on procurement issues.  Her latest post is about a new Biden administration website on Made in America: The Biden administration has inaugurated a new Made in America website with information on waivers of the Buy American Act and other
Simon Lester 27 Oct 2021 2 min read

Maria Pagan on Reforming WTO Dispute Settlement and the Appellate Body

This exchange is from today's Senate Finance Committee hearing to consider the nomination of Maria Pagan for Deputy USTR in Geneva (Ambassador to the WTO): Senator Carper: I would like to start off with a question ... for Ms. Pagan, dealing with WTO reform. Ms. Pagan, I've
Simon Lester 26 Oct 2021 2 min read

ACWL 20 Year Anniversary Event

From the ACWL: The ACWL is celebrating its 20th anniversary this year. To celebrate this occasion, we are hosting a webinar on 28 October from 15:00 to 16:30 CET on the “ACWL: Achievements for Developing Countries and LDCs and Challenges Ahead”.  We are delighted to have Professor Peter
Simon Lester 26 Oct 2021 1 min read

Tai: "A Lot of Potential" for Coordinating U.S./EU approaches to China

This is from a two part interview by CNN's Julia Chatterley with U.S. Trade Rep. Katherine Tai: Chatterley: Another, and it's been described as a pivot point actually, in the relationship between the EU and the United States, when we spoke to the French finance
Simon Lester 22 Oct 2021 1 min read

SIEL October Conversation: ‘Institutions and Dispute Settlement under WTO’

From the SIEL: SIEL October ConversationThe Society of International Economic Law (SIEL) is pleased to invite you to its February Conversation entitled ‘Institutions and Dispute Settlement under WTO’, with  Geraldo Vidigal (University of Amsterdam),  Tommaso Soave (Central European University; Former WTO Appellate Body Secretariat), Marcus Gustafsson (Legal Service of the
Simon Lester 22 Oct 2021 1 min read

Webinar-- The modernisation of the Energy Charter Treaty: Substantial and procedural implications for the IIA regime

This is from the University ‘Parthenope’ of Naples and the Asia Pacific FDI Network: On 5 November, 14.00-17:30 CET; 08:00-11.30 (NY) we will host a webinar on "The modernisation of the Energy Charter Treaty: Substantial and procedural implications for the IIA regime." The modernization
Inu Manak 19 Oct 2021 1 min read

What Does the Biden Administration Think About a Power-Based vs. a Rules-Based Trading System?

I wanted to elaborate on a point I made in my post from last week, where I discussed U.S. Trade Representative Katherine Tai's response to my question about ways to improve the WTO panel process. As a reminder, here's what she was asked and how
Simon Lester 19 Oct 2021 3 min read

USTR Requests ITC Investigation on Distributional Effects of Goods and Services Trade and Trade Policy

USTR has just requested that the ITC carry out the following two-part investigation of distributional effects of goods and services trade and trade policy: under authority delegated by the President to the United States Trade Representative and pursuant to Section 332(g) of the Tariff Act of 1930 (19 U.
Simon Lester 15 Oct 2021 3 min read

Guest Post: ‘The crown and the jewel’ The rise and fall of the WTO Appellate Body: a critical analysis

This is a guest post from law professor Luca Rubini: In yesterday’s speech in Geneva, Ambassador Katherine Tai, the current USTR, said: “Reforming dispute settlement is not about restoring the Appellate Body for its own sake, or going back to the way it used to be.   It is about
Simon Lester 15 Oct 2021 9 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part I

Thanks to Simon for kickstarting a debate on the prospect of bringing economic security provisions into trade agreements, and for allowing me to respond here.
26 Nov 2025 4 min read

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