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Communication from Honduras on the Issue of Precedent

This is another very helpful communication from Honduras on the functioning of the Appellate Body: 1 INTRODUCTION 1.1. In furtherance of the communication dated 23 July 2018 and reiterating the importance of the Dispute Settlement System within the broader WTO framework, Honduras would like to address the issue of
Simon Lester 05 Feb 2019 3 min read

The Third ISDS Tobacco Carveout

The TPP ISDS tobacco carveout was the first, the Singapore - Australia FTA update was the second. Now we have a third example, carried by Singapore over to the Singapore - Kazakhstan BIT: CHAPTER III: DISPUTE SETTLEMENT SECTION ONE: SETTLEMENT OF DISPUTES BETWEEN A PARTY AND AN INVESTOR OF THE
Simon Lester 05 Feb 2019 1 min read

CJEU AG Opinion on CETA ICS

The CJEU AG opinion on the compatibility of CETA ICS with EU law -- that's a lot of acronyms, but I'm sure this blog's readers can follow! -- was released earlier this week (my vague sense from EU law experts is that it is
Simon Lester 31 Jan 2019 3 min read

The 6th Biennial Conference of the Asian International Economic Law Network

The 6th Biennial Conference of the Asian International Economic Law Network (AIELN) will be held by the Institute of Law for Science and Technology, National Tsing Hua University (NTHU) in Taipei from 26 to 27 October 2019. This Conference is themed as "International Trade Regime for the Data-Driven Economy:
Simon Lester 31 Jan 2019 1 min read

Panels Composed in the Section 232/Retaliation Cases

For the nine panels established to hear the complaints against the Section 232 measures, the panels have all been composed with the same panelists, as follows: Elbio Rosselli (Uruguay) Esteban Conejos (Philippines) Rodrigo Valenzuela (Chile) For DSC subscribers, you can click the link to see which past cases each has
Simon Lester 28 Jan 2019 1 min read

What Are Trade Rules on E-Commerce Supposed To Do?

Last week, over 70 countries announced that they will be moving forward with e-commerce talks at the WTO: We confirm our intention to commence WTO negotiations on trade-related aspects of electronic commerce. We will seek to achieve a high standard outcome that builds on existing WTO agreements and frameworks with
Simon Lester 27 Jan 2019 4 min read

Call for papers: The Legitimate Role for Investment Law and Arbitration in Protecting Human Rights

LEGINVEST and PluriCourts, in collaboration with Monash University and the Minerva Center for Human Rights at the Hebrew University of Jerusalem, are organizing an international symposium on the legitimacy and increasingly important role for international investment law and arbitration in the protection of international human rights. The symposium will take
Simon Lester 27 Jan 2019 2 min read

Reminder: SIEL/JIEL/OUP Essay Prize Deadline Approaching

This is from the Society of International Economic Law, the Journal of International Economic Law, and Oxford University Press: The deadline for entering the 2018-2019 SIEL/JIEL/OUP Essay Prize competition is fast approaching, and authors meeting the stated conditions are warmly encouraged to send their submission by 15 February
Inu Manak 22 Jan 2019 1 min read

Communication from Honduras on the Functioning of the Appellate Body

This communication from Honduras on the functioning of the Appellate Body is very helpful: 1  INTRODUCTION 1.1.  In furtherance of the communication dated 23 July 2018 and reiterating the importance of the Dispute Settlement System within the broader WTO framework, Honduras would like to address the issue of timelines
Simon Lester 21 Jan 2019 5 min read

Development Status at the WTO: A U.S. Critique

This is from a communication by the United States entitled "An undifferentiated WTO: self-declared development status risks institutional irrelevance": 1.8. There has been much discussion lately about staying committed to the "rules-based multilateral trading system." However, if you look behind the curtains, that system is
Simon Lester 17 Jan 2019 1 min read

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International Economic Law and Policy Blog

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Featured

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

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