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The First CPTPP Dispute: New Zealand vs. Canada on Dairy

New Zealand has just filed the first ever CPTPP consultations request, relating to Canadian measures "concerning the allocation of dairy tariff rate quotas (TRQs) under CPTPP (dairy TRQ allocation measures)." The request states: 2. Canada’s dairy TRQ allocation measures encourage chronic underfill of its dairy TRQs, reduce
Simon Lester 12 May 2022 3 min read

Alan Wolff Working Paper on "Restoring Binding Dispute Settlement"

Long-time U.S. trade lawyer, government official, and former WTO DDG Alan Wolff has a recent Peterson Institute working paper entitled "Restoring Binding Dispute Settlement." Here's the abstract: Binding dispute settlement, meaning the ability to obtain a final judgment of whether a Member of the
Simon Lester 11 May 2022 3 min read

Arbitrators Selected in DSU Article 25 Arbitration Appeal

The WTO has announced that the Arbitrator in the DS583 arbitration appeal under DSU Article 25 was composed on April 28. 2022 "through a random selection from a list of candidates prepared and agreed upon by the parties." Here are the arbitrators in the case (with an indication
Simon Lester 05 May 2022 3 min read

Petros Mavroidis on the Indo-Pacific Economic Framework

This is a post by law professor Petros Mavroidis Is IPEF an Avatar of Things to Come (Or Just a Digression)? Petros C. Mavroidis 1. What is IPEF? The IPEF (Indo-Pacific Economic Framework) sounds like the APEC, three adjectives and a noun that denotes moderate commitment. It covers labor-
Simon Lester 05 May 2022 4 min read

The EUI Workshop on Sociological Perspectives on International Economic Law and Human Rights Law (May 13-14, 2022)

The European University Institute (EUI) Workshop on Sociological Perspectives on International Economic Law and Human Rights Law will take place on 13 - 14 May 2022 in the Robert Schuman Centre, Conference Room - Villa La Fonte, Via delle Fontanelle 18 - San Domenico di Fiesole (Fiesole, Florence).  This fifth workshop on the
Sungjoon Cho 03 May 2022 1 min read

Katherine Tai on Protectionism, Environmental Goals, Peace, and U.S. Trade Policy

Speaking at an event hosted by the Technical University of Munich last week, U.S. Trade Representative Katherine Tai was asked a question about trade and the environment that prompted a broad response which touched on a number of important trade issues. Here was the exchange: Question: This has to
Simon Lester 02 May 2022 8 min read

Follow-Up on the First DSU Article 25 Appeal

Following up on my last post, the panel report in DS595, EU - Steel Safeguards, was circulated on Friday, which, by the terms of the Article 25 Agreed Procedures in the dispute, means that the parties will not appeal, either through the normal method or the Article 25 alternative. That leaves
Simon Lester 01 May 2022 4 min read

The First DSU Article 25 Appeal

Last week, I said this in a post: In the DS583 case, Turkey - Pharmaceutical Products, a communication from the Panel indicates that the Panel had issued its final report to the parties on November 11, 2021, with circulation to the Members (and public) scheduled to take place "as soon
Simon Lester 28 Apr 2022 2 min read

What Does Bob Lighthizer Think of the Trump Administration's Trade Policy?

On his TV show, former Trump administration official Larry Kudlow was talking to Trump's U.S. Trade Representative Bob Lighthizer about various trade issues, including whether Lighthizer thought the Trump administration's China trade policy was successful. Not surprisingly, Lighthizer thought this policy was quite good, even
Simon Lester 26 Apr 2022 4 min read

Event: Sustainable Finance in European Jurisdictions

This is from the Ferenc Mádl Institute of Comparative Law: Sustainable Finance in European JurisdictionsApril 29 @ 09:00 - April 30 @ 14:30 The necessary path to a carbon-free economy will only be achievable with a fundamental transformation of essential sectors. Above all, there is a need to channel private
Simon Lester 26 Apr 2022 1 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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