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Another MPIA Arbitrator Nomination

This is an announcement from New Zealand last week: The New Zealand Ministry of Foreign Affairs and Trade today announced Dr Penelope Ridings as New Zealand’s nomination for the pool of arbitrators established under the WTO interim appeals arrangement. The Ministry welcomes the Cabinet decision to nominate Dr Ridings
Simon Lester 31 May 2020 1 min read

Is International Trade Law the Problem?

The formidable Todd Tucker says that “The Green New Deal Has an International Law Problem.”  I don’t think that the “green” aspects of a GND--meaning carbon taxes or permits and border tax adjustments--would have much of a problem.  I’ll focus on the trade issues, and leave
Joel Trachtman 29 May 2020 2 min read

International Economic Law Virtual Book Talk Series

The American Society of International Law (ASIL) International Economic Law Interest Group is hosting a series of four virtual book workshops this summer showcasing recent publications by scholars in the field.  Each workshop will be roughly an hour in length and will include commentary from the author and a discussant
Kathleen Claussen 28 May 2020 1 min read

Theorizing Precedent in International Law

In light of the discussions of precedent in the previous two posts, I thought it might be worth posting something from a piece by law professor Harlan Cohen entitled Theorizing Precedent in International Law (I think he has more coming on this issue): The ingredients discussed in Part III—sources,
Simon Lester 25 May 2020 7 min read

The Arguments Before the Appellate Body on "Precedent" in U.S. - Stainless Steel (Mexico)

The "cogent reasons" standard set out by the Appellate Body in U.S. - Stainless Steel (Mexico) (see paras. 154-162) has come under a great deal of criticism. But I think it's worth taking into account what the Appellate Body was hearing from the participants to
Simon Lester 22 May 2020 7 min read

Precedent in GATT Dispute Settlement

There has been a lot of talk recently about how the Appellate Body has elevated its past rulings to the level of "binding precedent," and this is in contrast to how things worked with GATT panels. Senator Hawley was picking up on that point when he said the
Simon Lester 21 May 2020 4 min read

Two More Countries Join the MPIA

The Multi-Party Interim Appeal Arbitration Arrangement Pursuant to Article 25 of the DSU is up to 21 participants now: Ecuador and Nicaragua just joined. Other governments can join whenever they want, but if they want to be eligible to nominate candidates for the pool of arbitrators, they have 10
Simon Lester 20 May 2020 1 min read

Competition, subsidies and trade remedies in the draft UK - EU FTA

The UK Government has made its version of an EU -UK FTA available to the public (link below), and not surprisingly it differs dramatically from the text proposed by the EU. I have restricted myself for now to a quick look at subsidies, competition and trade remedies. I say a
Jesse Kreier 20 May 2020 1 min read

Searching for the Next Leader of the WTO

Steve Charnovitz 19 May 2020 The World Trade Organization (WTO) is under stress with all three of its governing branches suffering instability.  Unfairly assaulted by the Trump Administration, the WTO's judicial branch has suffered a loss of its appellate court.  The WTO's legislative branch is still
Charnovitz 19 May 2020 3 min read

WTO Young Professionals Program

The WTO is seeking applicants for its Young Professionals Program (see link below). This is a one year temporary position for young professionals up to thirty-two years of age with 2+ years of relevant professional experience. The YPF prioritizes applicants from developing WTO Members not currently represented in the
Jesse Kreier 18 May 2020 1 min read

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Featured

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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