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Federal Court of Canada hearing Canada's application to set aside Bilcon NAFTA award

For those that may have missed it, the NAFTA Bilcon v Canada dispute was back in the news this week. In 2015, the Claytons and Bilcon of Delaware, a US company, were awarded compensation for breaches of NAFTA Articles 1105 (fair and equitable treatment) and 1102 (national treatment). The dispute
Mona Paulsen 04 Feb 2018 4 min read

The Negotiating History of Section 15 of China's Accession Protocol

This is from law professor Weihuan Zhou: The China – EU (US) fight over issues relating to China’s market economy status is attracting growing prominence. In the ongoing EU – Price Comparison Methodologies (DS516) dispute, the WTO panel will need to determine, amongst other issues, whether Section 15 of China’s
Simon Lester 04 Feb 2018 2 min read

The Proposed Level of DSU Article 22 Suspension: Formulas versus Monetary Amounts

DSU Article 22.2 allows WTO complainants, in the event of non-compliance, to "request authorization from the DSB to suspend the application to the Member concerned of concessions or other obligations under the covered agreements." How explicit must they be in this suspension request? Do they have to
Simon Lester 02 Feb 2018 2 min read

Job opportunity for PhD candidate in trade law

Linklaters LLP seeks a second year+ PhD candidate or postdoc working on trade law to assist in preparing regular updates on trade matters. The time commitment would be approximately eight hours per week. Location unimportant. Please contact Dr Lorand Bartels ( Lorand.bartels@linklaters.com ) for further details.
Lorand Bartels 02 Feb 2018 1 min read

Are Trade Disputes a Coin Flip?

This is from Ambassador Lighthizer's statement at the NAFTA press conference today: Finally, I would like to refer, because I think it fits into this context to an unprecedented trade action that Canada brought against the United States very recently. It constitutes a massive attack on all of
Simon Lester 29 Jan 2018 2 min read

NAFTA and Reciprocity

The 6th round of the NAFTA talks wrapped up today, and my impression of the closing statements was that everyone was relatively positive, much more so than after the 4th round anyway. I wanted to highlight one thing from Ambassador Lighthizer's statement: Free trade agreements are essentially grants
Simon Lester 29 Jan 2018 2 min read

NAFTA ISDS is Complicated

This is from The Canadian Press: Canada and Mexico are applying pressure on the United States to decide whether it wants to be part of NAFTA’s investor-state dispute mechanism, threatening to sideline it unless it commits to participating fully. Multiple sources say the conversation came to a head this
Simon Lester 28 Jan 2018 3 min read

Trump Should Give TPP (or CPTPP) A Try-And the TPP Partners Should Stop the Bus to Let Him Get On

Davos has been depressing, a journalist friend emailed me the other day.  And indeed the spectacle of the neoliberal elites congratulating themselves on still ruling the world is a downer. But my ears perked up when President Trump, speaking from Davos, suggested that he might be open to participating in
Rob Howse 26 Jan 2018 2 min read

Who Is the Least Protectionist Country in the World?

This is from Inside US Trade: [Commerce Secretary Wilbur] Ross objected to the “protectionist” label that critics of the Trump administration have attached to U.S. trade actions and rebutted the idea that China could pick up the mantle and be a leader on free trade policy. “The Chinese have
Simon Lester 24 Jan 2018 1 min read

Bilateral ISDS in NAFTA?

This is from the Toronto Star: Canada has made a bold offer to accept a controversial U.S. demand at the NAFTA talks about how to resolve commercial trade disputes, the Star has learned. It involves the current binding trade dispute settlement process used to resolve lawsuits by investor companies
Simon Lester 24 Jan 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

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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