International Economic Law and Policy Blog
  • Home
  • About
  • WorldTradeLaw.net
Sign in Subscribe

When Does "Should" Really Mean "Shall"?

As we all know, "should" means something very different from "shall." Except when it doesn't. This is from the Korea - Radionuclides panel report circulated last week: 7.9.5.1 Does Annex C(1)(g) impose a positive obligation? 7.426. Japan relies on
Simon Lester 25 Feb 2018 4 min read

International Law Professor Position at the University of Ottawa

Debra Steger passes along information on an international law professor position at the University of Ottawa: The Common Law Section of the Faculty of Law at the University of Ottawa invites applications for the following tenure-track faculty positions. Title of the position: Assistant Professor or Associate Professor Area of
Simon Lester 25 Feb 2018 1 min read

CORRECTION:The Betrayal of Jacinda: New Zealand's Safeguards on Investor-State Dispute Settlement Gutted in Final TPP Text?

Those of you who read the original version of this post, Simon Lester has pointed out that there may be a confusion.  Please disregard, til I come back with something more developed.
Rob Howse 22 Feb 2018 1 min read

Would TPA Allow a Trade and Investment Split in NAFTA?

This is from Inside US Trade: During a meeting with their U.S. counterparts this week, Canadian negotiators will pitch the elimination of the deal’s investor-state dispute settlement provision -- and the U.S. is expected to agree to that proposal, allowing for what private-sector and congressional sources
Simon Lester 21 Feb 2018 2 min read

The New TPP

The revised text is out, courtesy of New Zealand and Canada (and perhaps others -- I didn't check all of them). The first thing to note is that we all -- that is, everyone who responded to my tweet about this -- have agreed to keep calling it TPP, not CPTPP.
Simon Lester 20 Feb 2018 1 min read

Conference on Trade, Investment, Tax and Sustainable Development 14-15 June — Call for papers

This is from the Chinese University of Hong Kong and the Leuven Centre for Global Governance Studies: The Chinese University of Hong Kong and the Leuven Centre for Global Governance Studies are jointly organizing a conference on "The EU and its Partners in Global Governance: Trade, Investment, Tax and
Inu Manak 20 Feb 2018 1 min read

Harvard International Law Journal— Call for Submissions

The Harvard International Law Journal is currently seeking submissions, and is particularly interested in receiving papers on topics in international economic law. View the call for papers here.
Inu Manak 20 Feb 2018 1 min read

Implementation in the El Salvador – Tariff Treatment Case

I recently participated in an ICTSD event on RTA disputes, and my assignment was to look at how compliance went in cases in which there was a panel ruling. I did my best to dig up information, but it's hard to find it for many cases. Luckily, there
Simon Lester 19 Feb 2018 1 min read

The Born Interpretation

Does international investment law sometimes make governments pay compensation when they rethink policy? As a sequel to this post, here is an excerpt from Gary Born's dissent in the Wirtgen & JSW Solar arbitration (the Investment Arbitration Reporter summary of this case, which involved government subsidies to the
Simon Lester 15 Feb 2018 6 min read

Is International Law International? Continuing the Conversation

[First posted on Opinio Juris and EJIL: Talk!] In the movie Shadowlands, the character C. S. Lewis says, “We read to know that we’re not alone.” For me, perhaps it is also true to say, “I write to know that I am not alone.” Implicit in Is International Law
Anthea Roberts 12 Feb 2018 10 min read

About

International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

Sign up for email notifications

jamie@example.com
Subscribe

Featured

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

Topics

2008 Presidential Election

25 posts

2012 Republican Primary

6 posts

2020 Democratic Primary

22 posts

2020 Presidential Campaign

6 posts

2024 Presidential Campaign

9 posts

2024 Republican Primary

9 posts

Announcements

27 posts

Appellate Body

72 posts

CAFTA

5 posts

CETA

8 posts

Currency Disputes

57 posts

Development

23 posts

Digital Trade

59 posts

Domestic Trade Powers

10 posts

Dormant Commerce Clause

3 posts

DSU 25 Interim Appeals

43 posts

DSU Article 11

13 posts

Economic Integration

8 posts

Economic Statecraft

10 posts

EU-UK Trade Negotiation

5 posts

Exceptions

19 posts

Exchange Rates

6 posts

Export Restrictions

13 posts

Food Aid

5 posts

Foreign Investment

21 posts

FTA Negotiations

13 posts

FTAs - General

22 posts

Gambling Dispute

52 posts

Global Governance

9 posts

Globalization

13 posts

Government Procurement

5 posts

Green Steel Deal

14 posts

IEEPA

9 posts

IEL in Domestic Courts

20 posts

Indo-Pacific Economic Framework

5 posts

Industrial Policy

20 posts

Investor-State Arbitration

93 posts

Jamieson Greer

19 posts

Katherine Tai

66 posts

NAFTA

19 posts

NAFTA Chapter 11

15 posts

NAFTA Chapter 19

5 posts

National Security

38 posts

Non Appeal Pact

3 posts

Non-Discrimination Standards

60 posts

Non-Market Economies

7 posts

Non-Violation Nullification or Impairment

19 posts

Precedent

25 posts

Public Views of Trade

9 posts

Rare Earths

1 post

Robert Lighthizer

18 posts

Russia Trade Sanctions

17 posts

Sanctions

15 posts

Section 301

14 posts

Sovereignty

9 posts

Speech

1 post

SPS/TBT

5 posts

Standards of Review

7 posts

State Enterprises

8 posts

Sub-National Trade Issues

5 posts

Subsidies

83 posts

Tariffs

3 posts

Terms of Trade Manipulation

6 posts

Trade Agreements

21 posts

Trade and Competition

14 posts

Trade and Development

21 posts

Trade and Environment

119 posts

Trade and Health

20 posts

Trade and Human Rights

9 posts

Trade and Income Inequality

1 post

Trade and Intellectual Property

26 posts

Trade and Labor

26 posts

Trade and Peace

4 posts

Trade and Security

35 posts

Trade and the Stock Market

2 posts

Trade Balance

13 posts

Trade in Everything

65 posts

Trade in Services

21 posts

Trade Law and International Law

10 posts

Trade Preferences/GSP

23 posts

Trade Remedies

64 posts

Trans Pacific Partnership

9 posts

Trump Administration

55 posts

U.S. Trade Policy

32 posts

U.S. Trade Politics

60 posts

US-China Trade Relations

28 posts

USMCA

19 posts

USMCA Dispute Settlement

34 posts

USMCA Sunset/Review Clause

24 posts

USTR

16 posts

WTO - General

25 posts

WTO Accessions

8 posts

WTO Disputes

177 posts

WTO DS Reform

13 posts

WTO Jurisprudence

28 posts

WTO Negotiations

30 posts
Powered by Ghost