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WTO Dispute Settlement Misunderstandings: How To Bridge the Gap Between the United States and the Rest of the World

When the Uruguay Round of multilateral trade negotiations was completed, the world trading system was transformed in several important ways: A formal institution was created, as the World Trade Organization (WTO) replaced the General Agreement on Tariffs and Trade (GATT) (which had been operating as a de facto institution); the
Simon Lester 19 Apr 2020 12 min read

AJIL Agora on Pandemic

The American Journal of International Law is issuing a worldwide call for papers for an Agora symposium to be published in the October 2020 issue of the Journal. The topic – “The International Legal Order and the Global Pandemic” – recognizes that the present crisis raises foundational questions for the international legal
Trachtman 17 Apr 2020 1 min read

Trade Policy in the 2020 Presidential Campaign

In the coming months, we will start seeing political ads for the 2020 presidential campaign. Trade policy is likely to feature prominently, especially in certain industrial states. The Trump campaign posted a video recently that perhaps gives us a flavor of their message. The trade part starts around 17:50.
Simon Lester 16 Apr 2020 1 min read

Call for Papers: When International Courts and Tribunals Defer to States

This is from PluriCourts: Concepts and Methods Workshop: Call for Papers. We  invite paper proposals for a PluriCourts-iCourts "Concepts & Methods" Workshop on the topic When International Courts and Tribunals Defer to States, to be held in Oslo, Norway, on 24-25 November 2020. International Courts and Tribunals (ICs)
Simon Lester 16 Apr 2020 1 min read

China's New SCM Violations and the Larger Implications

Steve Charnovitz 12 April 2020 According to the Wall Street Journal, the government of China is now providing "a 9% rebate on the export of animal products, such as edible snakes and turtles, primate meat, beaver and civet musk, and rhino horns, despite banning their domestic trade."  A
Charnovitz 12 Apr 2020 1 min read

New U.S. Export Restrictions on Personal Protective Equipment (PPE)

Last week, President Trump issued a "Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use," which including the following passage: On March 25, 2020, the Secretary of Health and Human Services designated under section 102 of the Act 15 categories of health and
Simon Lester 07 Apr 2020 5 min read

New US Domestic Content Requirement for State Aids

New US Domestic Content Requirement for COVID-19 State Aids Steve Charnovitz While I was pleased to see the G20 Statement on 30 March 2020 that governments should avoid "unnecessary interference with international traffic and trade," I also note that the Statement does not mention the word "law,
Charnovitz 01 Apr 2020 1 min read

The Real Rot in the System: Delays Are Making WTO Dispute Settlement Irrelevant, Especially During a Pandemic

“Free trade saves lives” is what I was recently reading on Twitter. And, yes, trading masks or ventilators in times of coronavirus can do exactly that. Plenty of trade commentators (here and here) have lamented the export restrictions recently imposed on medical gear, which may do the opposite. Jennifer Hillman
Joost Pauwelyn 27 Mar 2020 3 min read

The New "Multi-Party Interim Appeal Arbitration Arrangement Pursuant To Article 25 of the DSU"

The EU has announced that it and 15 other WTO Members have "decided on an arrangement that will allow them to bring appeals and solve trade disputes among them despite the current paralysis of the WTO Appellate Body." It explains that "[t]he Multiparty Interim Appeal Arbitration
Simon Lester 27 Mar 2020 6 min read

Application for CUSMA/USMCA Dispute Settlement Rosters (Canada)

As Simon noted in an earlier post, application requests for the USMCA dispute settlement rosters were recently published by USTR. Canada is undertaking a similar process. This is from the Trade Law Bureau of Foreign Affairs, Trade and Development Canada: Seeking Expression of Interest At this time, the Government of
Inu Manak 23 Mar 2020 2 min read

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The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

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

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