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Guest Post: Public Order Clause, Systemic Assault on the Rule of Law and Investment Arbitration: Revenge of the Sith

This is a guest post from Marcin Menkes, Assistant Professor in the Department of Business Law at Warsaw School of Economics: “So this is how liberty dies ... with thunderous applause.” ―Padmé Amidala A long time ago, in a hemisphere far, far away … War! The multilateral order and the democratic Rule
Simon Lester 16 Sep 2018 13 min read

Could There Be a U.S.-Mexico Trade Agreement AND a NAFTA?

Mexican trade negotiator Kenneth Smith Ramos tweeted this: #Mexico stated from the beginning of the negotiation that the ideal scenario is for #NAFTA to remain trilateral. We hope the US and Canada will conclude their bilateral #negotiation shortly. If that is not possible we are ready to advance bilaterally with
Simon Lester 13 Sep 2018 1 min read

Will the NAFTA ISDS Changes Deliver any Votes?

This is from Inside US Trade: Public Citizen Global Trade Watch Director Lori Wallach told reporters during that call that while she thinks “public citizens” would prefer no ISDS language in the North American Free Trade Agreement at all, the U.S.-Mexico deal “can be widely supported, especially after
Simon Lester 13 Sep 2018 1 min read

"Restoring Trust in Trade" colloquium at the Law Faculty of Maastricht University, December 17, 2018

This is from the Law Faculty of Maastricht University: The Law Faculty of Maastricht University will be hosting a colloquium on 17 December 2018, focusing on a key challenge facing the international trading system, namely the rapidly eroding trust in trade liberalisation and economic integration, as embodied in the rules
Inu Manak 13 Sep 2018 1 min read

Guest Post: From Roosevelt to Reagan to Trump: the Decay of US Internationalism

This is a guest post from Petros Mavroidis: This time it is different. It is difficult to say how serious it is, but it is different. President Trump’s trade policy is a decisive turn towards unilateralism followed by bilateral deals.  This combination is a blow to the multilateral edifice
Simon Lester 12 Sep 2018 3 min read

Rebalancing after National Security Measures

As we have talked about on this blog, the Safeguards Agreement provides for compensation/suspension where safeguards measures are used. Here is Article 8.1: A Member proposing to apply a safeguard measure or seeking an extension of a safeguard measure shall endeavour to maintain a substantially equivalent level of
Simon Lester 09 Sep 2018 3 min read

Will the NAFTA Chapter 11 Compromise Appeal to Any ISDS Critics?

This is from Janyce McGregor of the CBC: The preliminary trade agreement the U.S. recently reached with Mexico may offer a glimpse of what could happen with NAFTA's Chapter 11. A U.S. official said the two countries wanted ISDS to be "limited" to cases
Simon Lester 09 Sep 2018 1 min read

GATT Article XXIV and the NAFTA Renegotiation

GATT Article XXIV:5 refers to the "formation" of a customs union or a free-trade area: the provisions of this Agreement shall not prevent, as between the territories of contracting parties, the formation of a customs union or of a free-trade area or the adoption of an interim
Simon Lester 04 Sep 2018 2 min read

Where Do Footnotes Belong?

Sometimes I blog about the most important issues of the day. Other times, I look for obscure issues that will be of interest to, at most, 4 or 5 people. This is one of the latter. This is from the interim review section of the Russia - Railway Equipment panel
Simon Lester 04 Sep 2018 1 min read

A NAFTA Chapter 19 Compromise

Canadian negotiators are meeting with U.S. negotiators today, to see if they can build on the U.S. - Mexico deal and finalize a new NAFTA. One key issue will be Chapter 19: The U.S. wants it out, while the Canadians want to keep it. Here's
Simon Lester 29 Aug 2018 3 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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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