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ISDS in a U.S.-Kenya FTA

It's one thing not to have ISDS in a U.S.-UK FTA, but what about in a U.S. FTA with Kenya? Investment in developing countries is what people who worry about risks associated with foreign investment seem to worry most about. This came up recently at
Simon Lester 06 Aug 2020 2 min read

USTR Is Hiring People for USMCA Labor and Environment Enforcement

This is a question from Senator Grassley to U.S. Trade Rep. Lighthizer at the Senate Finance Committee Hearing on The President’s 2020 Trade Policy Agenda, from June 17, 2020: In the USMCA implementing bill, Congress provided USTR a significant increase in funding. We must continue to assess the
Simon Lester 06 Aug 2020 1 min read

The MPIA Pool of Arbitrators Has Been Announced

Here: ... the Multi-Party Interim Appeal Arbitration Arrangement pursuant to Article 25 of the DSU is composed of the following persons: • Mr Mateo Diego-Fernández ANDRADE • Mr Thomas COTTIER • Ms Locknie HSU • Ms Valerie HUGHES • Mr Alejandro JARA • Mr José Alfredo Graça LIMA • Ms Claudia OROZCO • Mr Joost PAUWELYN • Ms
Simon Lester 03 Aug 2020 1 min read

Guest Post: Appointing Appellate Body Members by Majority would Undermine, Not Preserve the Rule of Law

This is a guest post from law professor Geraldo Vidigal: I just had an exchange with Henry Gao on his post below and thought it could be useful to develop on the issue here. Gao argues that the WTO Ministerial Conference should move to appoint a WTO Director-General by
Simon Lester 31 Jul 2020 5 min read

What Exactly Did Biden Say About ISDS?

A couple days ago, I posted about Biden's responses to trade questions from the United Steelworkers. Here's what he said about ISDS: I don't believe that corporations should get special tribunals that are not available to other organizations. I oppose the ability of private
Simon Lester 30 Jul 2020 2 min read

The Solution to the DG Crisis Comes from the AB

According to Reuters, the simple decision of appointing one of the DDGs as the Acting DG has run into impasse due to the insistence of the US to appoint Alan Wolff instead of Karl Brauner as most Members prefer. While seemingly surprising, I think this is the natural consequence of
Henry Gao 29 Jul 2020 1 min read

Biden Responds to Steelworkers on Trade

Presidential candidate Joe Biden has responded to questions from the United Steelworkers here. There were some interesting questions and answers on trade. The whole exchange is below, but here are a few highlights: -- It seems pretty clear that ISDS will not be in future Biden trade agreements. -- He finessed the
Simon Lester 28 Jul 2020 10 min read

The USCIT's Transpacific Decision

Gary Hufbauer and I comment on the recent landmark decision in the US Court of International Trade voiding President Trump's tariff action against Turkish steel: https://voxeu.org/content/landmark-court-decision-limits-presidential-trade-restrictions
Charnovitz 28 Jul 2020 1 min read

Distorted Input Prices - Still in the Dark

A new panel report is out that addresses yet again the question of whether, and if so when, a Member can disregard “distorted” costs in determining normal value (and replace them with higher “undistorted” costs). EU-Cost Adjustment Methodologies, DS494. This issue has now been taken up in four WTO
Jesse Kreier 26 Jul 2020 2 min read

What Did Bill Clinton Say about China's WTO Entry?

I often hear that Bill Clinton make a mistake by believing and/or promising that China would liberalize economically and politically when it joined the WTO. And I see him quoted selectively to make that point. I recently came across one of these quotes, and thought it would be worth
Simon Lester 23 Jul 2020 15 min read

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Featured

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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