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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

The Trump Administration's Shameful Attack on Appellator Zhao

The Trump Administration's Shameful Attack on Appellator Zhao 5 March 2020 Steve Charnovitz On 5 February 2020, I posted a paper, <https://ielp.worldtradelaw.net/2020/02/the-illegitimate-ab-report-in-russia-railway-equipment-.html>, explaining why the Appellate Body's February 3 decision in Russia - Railway Equipment is illegitimate.
Charnovitz 05 Mar 2020 3 min read

Tom Graham Comments on the Appellate Body

Tom Graham was talking about the Appellate Body at a Georgetown law conference today. I wish I had the full text of his speech, but all I have for now is the Inside US Trade summary, and I'll have to make do with that: Graham identified four steps
Simon Lester 05 Mar 2020 2 min read

Guest Post: Facilitating WTO-compliant Responses to International Public Health Emergencies

This is a guest post from Jingyuan "Joey" Zhou, Professor of Practice at University of Arizona Law School Introduction As exemplified by COVID-19,[i] a Public Health Emergency of International Concern (PHEIC)[ii] incidence and past PHEIC incidences like H1N1, Ebola, and MERS, governments take significant actions based
Simon Lester 03 Mar 2020 9 min read

A Few Responses to USTR's 2020 Trade Policy Agenda and 2019 Annual Report

In the last post, I said that going through USTR's 2020 Trade Policy Agenda and 2019 Annual Report page by page and responding to every point "would be exhausting and would probably not achieve much." But I'm going to do a little bit of
Simon Lester 28 Feb 2020 5 min read

How To Get Countries To Lower Their Tariffs

USTR's 2020 Trade Policy Agenda and 2019 Annual Report was released today. Among other things, it includes a lot of complaints about the WTO, and clearly reflects the trade views of the Trump administration. There's a part of me that would like to go through page
Simon Lester 28 Feb 2020 1 min read

Guest Post: Neo-liberalism vs Ordo-liberalism: Beware the 2020 USTR Report on the WTO Appellate Body

This is a guest post from Prof. Ernst-Ulrich Petersmann, European University Institute Florence In his recent book on Globalists. The End of Empire and the Birth of Neoliberalism (Harvard University Press 2018), history Professor Q. Slobodian describes the WTO as ‘the paradigmatic product of Geneva School neoliberalism’ (at p.25)
Simon Lester 28 Feb 2020 5 min read

Guest Post: The EU-UK Future Relationship: A Trade or Governance Agreement?

This is a guest post from law professor Geraldo Vidigal: 1. A New Partnership Agreement It was perhaps predictable. On 25 February 2020, the Council of the European Union (EU) authorized the opening of negotiations for a ‘new partnership agreement’ (NPA) with the United Kingdom (UK). Attached to the authorization
Simon Lester 27 Feb 2020 12 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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