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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

The Dog that Didn't Bark in the US IP Claim Against China

One of the most significant complaints made by the US in its Section 301 investigation of China's IP practices is the claim that China conditions permission for foreign investment on transfer of technology.  However, in the US' recent WTO complaint against China's IP practices, the
Trachtman 10 Apr 2018 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Featured

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

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

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