The Trump administration has argued that the World Trade Organization (WTO) has failed to address China's "unfair" trade practices. While it is true that China's economic rise poses a unique challenge to the world trading system, WTO dispute settlement has more potential to address China's...

The current 20 year patent term set out in international trade agreements does not have a firm evidentiary basis, but rather is a mostly arbitrary product of history. At one point there was experimentation among different countries, but that has been eliminated through the uniform rules of the...

International law is not known for being quick or effective. Cases can drag on for years, have limited legal force, and are infamous for noncompliance. Until recently, the World Trade Organization (WTO) dispute settlement process had served as a beacon of hope for being one of the fastest and...

The World Trade Organization's (WTO) most recent Ministerial Conference took place last December in Nairobi, Kenya. Opinions vary on how much was achieved, and, perhaps more importantly, where the WTO goes from here. The United States and the European Union have emphasized that “new” issues...

This paper is intended to serve several related purposes. First, it is to persuade policymakers and the public in both the United States and the United Kingdom that it is in their respective national interests to enter into a comprehensive bilateral trade and investment agreement. Specifically,...

National debates over policies that affect the flow of digital information are heating up as censorship, surveillance, control over personal data, and requirements to store data locally have emerged as contentious political issues. In the coming years, governments will need to carefully craft...

The mandatory/discretionary distinction that has been applied to 'as such' challenges in WTO disputes is the subject of a good deal of disagreement, both as to its scope and its continued applicability. In this piece, I put forward a framework for thinking about the kinds of discretion that may...