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Call for Papers from the ANZSIL International Economic Law Interest Group

This is from the ANZSIL International Economic Law Interest Group: CALL FOR PAPERS FOR AND INVITATION TO 2019 WORKSHOP Background The ANZSIL International Economic Law Interest Group (IELIG) was established in 2011 to provide a forum for those interested in international economic law, especially international regulation of trade, investment, intellectual
Simon Lester 06 Oct 2018 1 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Trucking Services

Back in 2001, a NAFTA Chapter 20 panel ruled that certain U.S. restrictions on Mexican trucking services violated U.S. commitments under the NAFTA. Implementation of this ruling by the U.S. has seen some stops and starts. The new NAFTA clarifies and limits the U.S. obligation: Notwithstanding
Simon Lester 04 Oct 2018 2 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Withdrawing from the New NAFTA

The original NAFTA withdrawal provision, Article 2205, said this: A Party may withdraw from this Agreement six months after it provides written notice of withdrawal to the other Parties. If a Party withdraws, the Agreement shall remain in force for the remaining Parties. The new NAFTA withdrawal provision, Article 34.
Simon Lester 03 Oct 2018 1 min read

Guest Post: The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Labor

This is a guest post from law prof Kathleen Claussen: The USTR fact sheet released in late August previewed that the USMCA labor provisions would be the “strongest of any trade agreement.”  To evaluate this statement, rather than look at the agreements in force or the status quo on the
Simon Lester 02 Oct 2018 3 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Non-Violation Claims

As part of a quest to find the most obscure aspect of the new NAFTA, I point you to the scope of non-violation claims. This is from the new NAFTA: Article 31.2: Scope 1. Unless otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall
Simon Lester 02 Oct 2018 2 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Limits on FTAs with NMEs

Article 32.10 of the new NAFTA says: Article 32.10: Non-Market Country FTA 1. At least 3 months prior to commencing negotiations, a Party shall inform the other Parties of its intention to commence free trade agreement negotiations with a non-market country. For purposes of this Article,
Simon Lester 02 Oct 2018 2 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: State-State Dispute Settlement

Inu and I had a recent article in which we explained how NAFTA Chapter 20 state-state dispute settlement hasn't been working because of problems with appointing panelists (in large part because the roster of panelists was not filled). It doesn't look like this article made
Simon Lester 01 Oct 2018 1 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Investment Protection/ISDS

As has been expected, in the new NAFTA deal, the Trump administration has significantly scaled back the investment protection/ISDS provisions, which are now found in Chapter 14. One way to think about what happened is that there is no more general recourse to ISDS, but there are three ways
Simon Lester 01 Oct 2018 2 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: The Sunset Clause

The text of what is being called the United States-Mexico-Canada Agreement (USMCA) has been released. It would be much easier to call this agreement NAFTA, rather than some unwieldy new name that someone thought was preferable for public relations purposes. We'll see what practice develops here.
Simon Lester 01 Oct 2018 3 min read

Is This The New US Approach to FTAs?

From the White House: Joint Statement of the United States and Japan 1.  On the occasion of our Summit Meeting in New York on September 26, 2018, we, President Donald J. Trump and Prime Minister Shinzo Abe, affirmed the importance of a strong, stable, and mutually beneficial trade and economic
Simon Lester 26 Sep 2018 2 min read

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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

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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