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NAFTA Chapter 19 Data

A couple of my Cato colleagues and I are working on some data on NAFTA Chapter 19 disputes, but it has been slow going. In the meantime, a trade lawyer who prefers to remain anonymous put together some data and sent it to me. Taking into account NAFTA Chapter 19
Simon Lester 05 Nov 2017 1 min read

Symposium: Nationalism, Regionalism & Globalism: The Future of Economic Integration

I'll be at a trade law conference at Brooklyn Law School on Friday (along with a few others from this blog). Here are the details: On November 10, 2017, the Dennis J. Block Center for the Study of International Business Law at Brooklyn Law School will host a
Simon Lester 05 Nov 2017 2 min read

New ICC Book: Business Guide to Trade and Investment

From the esteemed Arthur Appleton / Patrick Macrory trade law book editing partnership, here is a new book published by the ICC: Volume 1 - International Trade Arthur E. Appleton and Patrick F.J. Macrory his first volume on International Trade edited by Arthur Appleton and Patrick Macrory, is a most
Simon Lester 05 Nov 2017 1 min read

How to Save WTO Dispute Settlement from the Trump Administration

How to Save WTO Dispute Settlement from the Trump Administration Steve Charnovitz The Trump Administration is trying to torpedo the World Trade Organization (WTO) dispute settlement system.  According to the November 2, 2017 Wall Street Journal article "Has China Swallowed the WTO" by Jacob M. Schlesinger, "The
Charnovitz 03 Nov 2017 4 min read

Last Week's Tuna II WTO Panel Report:Happy Ending to a Hair-raising Adventure on the High Seas

Last week the second 21.5 compliance panel report was released in the long-running Tuna/Dolphin, or Tuna II, dispute between Mexico and the United States. Finally after two rounds of the US tweaking of the measure, the WTO panel gave the voluntary labeling scheme for Dolphin-Safe tuna a clean
Rob Howse 02 Nov 2017 7 min read

Periodic Review of Trade Agreements

The Trump administration has caused a lot of controversy by proposing a "sunset clause" for the NAFTA, under which the agreement would expire automatically after five years unless the parties agree to renew it. That proposal has come under a lot of criticism, and personally I think it
Simon Lester 31 Oct 2017 2 min read

U.S. Proposal on WTO Notifications

The U.S. has a new proposal to crack down on WTO Members who do not provide notifications on time: 4. It is broadly recognized that compliance with the notification requirements of the various WTO Agreements is inadequate. For example, the most recent report by the WTO Secretariat for the
Simon Lester 31 Oct 2017 2 min read

More GATT Negotiating History

Here's one more post on the original GATT negotiations from Roy Santana of the WTO: _______________________________ GATT 1947 and the grueling task of signing [something…]  The negotiations of the General Agreement on Tariffs and Trade were formally concluded on 30 October 1947. To mark the occasion U.N. press
Simon Lester 24 Oct 2017 10 min read

Clarifying AD Agreement Article 17.6(ii)

The United States has expressed concerns about various Appellate Body interpretations of WTO obligations, in particular relating to trade remedies, but as far as I know it has not offered any specific proposals to address the flaws it sees in the Appellate Body's approach to treaty interpretation in
Simon Lester 22 Oct 2017 3 min read

Reforming International Investment Law: Opportunities, Challenges, Paradigms

Here's some info on a conference on international investment law to be held at Boston College Law School on October 25: The law school is hosting an international conference on the ferment surrounding international investment law and how this crisis can be an opportunity to reform the system
Simon Lester 22 Oct 2017 1 min read

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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

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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

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

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