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Guest Post: Trade Policies under Pandemic

This is a guest post from Jingyuan "Joey" Zhou, Professor of Practice at University of Arizona Law School The COVID-19 has become a pandemic and more and more governments worldwide are struggling to contain the virus so as to protect their citizens.  Commentators have inter alia recommended policies
Simon Lester 19 Mar 2020 4 min read

Reply to Prof. Petersmann: Why the end of the Appellate Body must not mean the end of independent third-party adjudication

Dear Ulli, On a slightly more optimistic note than your post of yesterday (and realizing that with corona, other, more important issues are on people's minds), I think you are unnecessarily equating “independent third-party adjudication” with the specific incarnation that the Appellate Body has taken after 25 years
Joost Pauwelyn 18 Mar 2020 3 min read

SIEL 2020 Conference Postponed  

The following is a notice from SIEL: To the SIEL Community: In light of the evolving situation regarding the COVID-19 crisis, the SIEL Executive Council has decided to postpone the 2020 SIEL Conference, which was schedule to take place in July 2020 at Bocconi University in Milan. We have not
Simon Lester 17 Mar 2020 1 min read

Guest Post: WTO [email protected]: Hidden in plain sight

This is a guest post from Prof. Ernst-Ulrich Petersmann, European University Institute Florence Humanity knows from Greek mythology and from the Bible that third-party adjudication emerged and developed in response to never-ending human tragedies (like the pursuit of Orest by the goddesses of revenge punishing Orest’s murder of his
Simon Lester 17 Mar 2020 8 min read

Is the Virus Killing Globalization? There’s No One Answer

By Anthea Roberts and Nicolas Lamp Narratives provide the storylines through which people make sense of the world. Actors strategically deploy narratives to advance agendas, telling stories about what or who is to blame and what should be done. When it comes to the coronavirus, multiple narratives are emerging. Instead
Anthea Roberts 16 Mar 2020 1 min read

U.S. "Wins" and "Losses" in WTO Disputes

With Trump complaining about the WTO treating the U.S. unfairly, I get asked now and then about U.S. "wins" and "losses" in WTO disputes. How does the U.S. fare as a complainant and as a respondent? It's a difficult question. A
Simon Lester 15 Mar 2020 3 min read

The UK-EU Trade Talks: The "Level Playing Field"

One of the most controversial aspects of the UK-EU trade talks has to do with the "level playing field." Simplifying things a bit, these are the EU demands that the UK not change its regulation so as to give its producers an advantage over EU competitors. In response,
Simon Lester 14 Mar 2020 1 min read

EU Proposal on UK-EU Disputes Raising Questions of European Union Law

A version of the EU's proposed "Draft text of the Agreement on the New Partnership between the European Union and the United Kingdom" is available here (this may be a leaked version, with some edits before an official one is published). There's a lot
Simon Lester 14 Mar 2020 2 min read

It Sure Looks Different from the Inside, and Now the Outside Too? (or "Graham on Graham")

Simon Lester's posts about Tom Graham's recent speech on the Appellate Body ("AB") reminded me the speech Graham gave back in 2013, which was "[s]oon after [he] joined the Appellate Body". When I re-read the 2013 speech entitled "It Sure
Henry Gao 11 Mar 2020 5 min read

Tom Graham's Full Speech on the Appellate Body

Last week, I posted about the Inside US Trade summary of Tom Graham's remarks on the Appellate Body (entitled "The Rise (and Demise?) of the WTO Appellate Body"). I now have the full text, which is here. Here is one part: Soon after I joined the
Simon Lester 09 Mar 2020 1 min read

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The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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