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Katherine Tai on WTO Dispute Settlement

U.S. Trade Representative Katherine Tai gave a speech on WTO issues in Geneva today at the Graduate Institute's Geneva Trade Platform. Here is the section on WTO dispute settlement: Over the past quarter century, WTO members have discovered that they can get around the hard part of
Simon Lester 14 Oct 2021 6 min read

Birmingham Law School International Economic Law and Policy Working Group Events

This is from law prof Luca Rubini: We are glad to present the first events in the 2021/2022 academic year of the International Economic Law and Policy Working Group (IELPWG), set up in 2019 at Birmingham Law School. The IELPWG is a highly-focused discussion group for those numerous
Simon Lester 14 Oct 2021 2 min read

Soumaya Keynes' Great Special Report on World Trade (and Two Quibbles)

Soumaya Keynes of the Economist has a great six part Special Report on World Trade. I really enjoyed it and highly recommend it! (Unfortunately, Soumaya is apparently leaving the trade beat, but this was a nice way to go out). There were two small bits in the environment part that
Simon Lester 11 Oct 2021 3 min read

New GATT Dispute Database from the WTO

The WTO Secretariat has just put out a cool new database on GATT disputes. The official press release is here: The database allows users to search for information relating to the 317 GATT disputes brought by contracting parties from 1948 to 1995. The information provided includes documents such as consultation
Simon Lester 06 Oct 2021 1 min read

The Role of Women in U.S.-China Trade Negotiations

I found this question and answer from CNBC's Kayla Tausche to U.S. Trade Rep. Katherine Tai interesting: Tausche: In the direct talks that took place during the prior administration, the only women that were at the table were the translators. Do you fear that because of Chinese
Simon Lester 05 Oct 2021 1 min read

The Biden Administration's China Trade Policy

I wrote a piece over at China Trade Monitor (still free for now!) on Katherine Tai's speech from yesterday and the Biden administration's developing China trade policy. Here's the intro and conclusions: After months of saying that they are reviewing their China trade policy,
Simon Lester 05 Oct 2021 2 min read

What Would Happen if WTO Members Voted on AB Appointments?

Henry Gao has been making the case that WTO Members should have a vote on appointing AB Members, as a way to get around the U.S. block. I don't think that's likely to happen, but just for fun, I ran a totally unscientific Twitter poll
Simon Lester 02 Oct 2021 1 min read

Guest Post: Eco Oro Minerals Corp. v. Republic of Colombia: some thoughts on an investor’s due diligence

This is a guest post from law professor Yulia Levashova: The investor’s due diligence has become a significant factor in determining whether the legitimate expectations based on the stability of a regulatory framework of an investor give rise to protection under the FET standard. According to numerous recent decisions
Simon Lester 01 Oct 2021 3 min read

Guest Post: Appointing Appellate Body Members by Majority – A Draft Article IX:2 Interpretation

This is a guest post from law professor Geraldo Vidigal (see also my totally unscientific twitter poll related to this issue): With the Biden administration having continued the previous administration’s stance of blocking all appointments to the Appellate Body, the issue of the appointment members by majority is back
Simon Lester 30 Sep 2021 5 min read

Guest Post: Proof that WTO subsidy rules are out-of-date in the climate change age

This is a guest post from trade lawyer Bixuan Wu of the Hiways law firm: Last December, the US Commerce Department ruled that, under the EU's Emission Trading System, extra free allowances received by EU producers with high carbon leakage risks constituted a countervailable subsidy. Soon after the
Simon Lester 29 Sep 2021 2 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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