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Finishing the NAFTA Renegotiation: Some Outstanding Issues

There are reports that an "agreement in principle" on a new NAFTA is almost ready. Will they try to resolve all of the major points as part of this, or will they gloss over some of them? I'm not sure. Anyway, here are 13 issues I&
Simon Lester 24 Apr 2018 2 min read

Secretariats in Bilateral Trade Agreements

This is from the newly released text of the EU - Japan Economic Partnership Agreement: ARTICLE 21.25 Administration of the dispute settlement procedure 1. Each Party shall: (a) designate an office which shall be responsible for the administration of the dispute settlement procedure under this Chapter; (b) be responsible
Simon Lester 22 Apr 2018 1 min read

Splitting EU Trade and Investment Agreements: Not So Fast

Last week, I posted about the EU splitting up its trade and investment agreements, with the EU - Singapore agreements separated out into a trade part and an investment protection apart. But it seems that the EU is taking a different approach in its updated, and almost completed, agreement with
Simon Lester 22 Apr 2018 1 min read

The Boundaries of Free Trade under Canada's Constitution

Today, the Canadian Supreme Court decided the Comeau case, involving provincial barriers on trade in beer. This decision could have created a Canadian "single market" (to borrow a phrase), but the justices decided on a narrower approach. For anyone who follows WTO jurisprudence or debates about policy space/
Simon Lester 19 Apr 2018 10 min read

The Separation of EU Trade and Investment Agreements Is Continuing

The legal texts of the EU - Singapore Free Trade Agreement and the EU - Singapore Investment Protection Agreement are now available here. A European Commission press release related to these agreements, and also covering the EU - Japan Economic Partnership Agreement, explains the next steps as follows: The Commission
Simon Lester 18 Apr 2018 2 min read

How Many WTO Members Will Argue that the Section 232 Steel/Aluminum Tariffs are Safeguard Measures?

China already made the argument that the Section 232 steel/aluminum tariffs are actually safeguard measures, both in a Safeguards Agreement consultations request and a DSU consultations request. Now both the EU and India have filed Safeguards Agreement consultations requests based on this same argument. The EU says the following
Simon Lester 18 Apr 2018 1 min read

The Costs and Benefits of Trade Agreements/Liberalization

This is from Krzysztof Pelc's review of Dani Rodrik's new book: In the case of trade, one such wrinkle, long overlooked, comes from economic models’ focus on the “average citizen.” And while trade agreements may indeed be beneficial to the “average Canadian,” no such animal exists
Simon Lester 13 Apr 2018 5 min read

Brief Thoughts on Trump's Trade Remarks from Today

Is it worth responding to things President Trump says about trade? I'm not sure, but I'm doing it anyway, very briefly. The transcript of his remarks from today is here. Feel free to add your own comments. Trump: THE PRESIDENT:  As you are all aware, China
Simon Lester 12 Apr 2018 7 min read

The New WTO Law of Market Economy Status for China

The New WTO Law of Market Economy Status for China Steve Charnovitz 12 April 2018 In this era of China bashing, WTO watchers should be reminded of one area of WTO law where the United States and the EU continue to engage in WTO-illegal behavior. That is, the unjustified application
Charnovitz 12 Apr 2018 6 min read

China's WTO Complaint against the Section 232 Tariffs

This is the legal basis of China's WTO complaint against the U.S. Section 232 tariffs, filed on April 5: The measures at issue, operating separately or together, appear to be inconsistent with the United States' obligations under: * Articles XIX:1(a), XIX:2 of the GATT
Simon Lester 10 Apr 2018 2 min read

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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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