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Did the DSU Drafters Expect DSU Article 11 Appeals?

In the past, I have argued that because the substance of DSU Article 11 existed in the GATT prior to the creation of the DSU, this provision was not designed to be used with the DSU appeals process. But I was poking around in some DSU negotiating history recently, and
Simon Lester 27 Oct 2020 1 min read

Georgetown Journal of International Law Annual Trade Issue

This is from the Georgetown Journal of International Law: The Georgetown Journal of International Law (GJIL) is accepting article submissions on topics broadly related to international trade law for its annual trade issue (Issue 52.3). Deadline for submission is February 15th, 2021. GJIL accepts submissions of manuscripts for publication
Simon Lester 22 Oct 2020 1 min read

Candidates for U.S. Trade Rep. in a Biden Administration

Veteran trade reporter Doug Palmer of Politico has a piece (subscriber only) in which he discusses possible U.S. Trade Representatives in a Biden administration. Here are the names he mentions, broken into two categories set out in the article: Favored by progressives: Thea Lee (president of the Economic Policy
Simon Lester 22 Oct 2020 1 min read

Call for Submissions: Triangulating Freedom of Speech

This is from Prof. Dr. Steffen Hindelang and Dr. Andreas Moberg, inviting contribution from followers of this blog, in particular related to the interface between International Economic Law and Human Rights: Triangulating Freedom of Speech: Business, Social Rights, and the Freedom of Speech in a Digital Age We are pleased
Inu Manak 22 Oct 2020 2 min read

4th SIEL Conversation International Dispute Settlement in the Pandemic

The SIEL sends along the following: 4th SIEL Conversation International Dispute Settlement in the Pandemic In 2020, international dispute settlement has adapted to travel restrictions, lockdowns and remote work – conditions which may last through 2021 or longer. ICSID, the Permanent Court of Arbitration, the WTO and other arbitral institutions have
Simon Lester 21 Oct 2020 1 min read

The WTO Dispute Process In the Pandemic and Beyond

This is from a statement by a number of WTO Members at the September 28 DSB meeting: As we have seen, the WTO dispute settlement system is not immune to the impacts of COVID-19. It is encouraging that, since July, delegates have been able to resume DSB meetings at
Simon Lester 20 Oct 2020 2 min read

PhD Scholarship in International Trade Law/International Investment Law/International IP Law

Christian Riffel of the University of Canterbury writes to say that he is looking for a PhD student in the areas of international trade law/international investment law/international IP law. The full description of the PhD scholarship is here. The deadline is December 1. New Zealand seems like a
Simon Lester 20 Oct 2020 1 min read

"Who Will Get the Coronavirus Vaccines and When?": Waiving TRIPS Rules To Fight COVID-19

Burcu Kilic of Public Citizen, along with some of her colleagues, had an op-ed this week in The Guardian, in which they argued the following: But who will get the coronavirus vaccines and when? There are two big problems: whether they will be affordable, and whether there will be
Simon Lester 17 Oct 2020 5 min read

Saudi Arabia-IP Rights and the security exception

I know the Panel Report in Saudi Arabia - Measures Concerning the Protection of Intellectual Property Rights (DS567) came out way back in June, but I am only getting to it, and it is interesting at many levels. The issue I'd like to flag today is how the Panel
Jesse Kreier 14 Oct 2020 1 min read

UNCITRAL and ISDS Reform (Online): Can You Hear Me Now?

Written by Anthea Roberts and Taylor St. John ‘Can you hear me now?’ is a question that the delegates of Working Group III asked each other often last week, as negotiations on ISDS reform continued but were, for the first time, online. Moving online means that negotiators are also facing
Anthea Roberts 14 Oct 2020 8 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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