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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
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
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."
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
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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Featured

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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