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Pakistan Challenges the "Break the Causal Link" Approach as inconsistent with Article 15.5 of the SCM: Unlikely to succeed?

In EU – PET (Pakistan), the EU Commission began, as expected, its causation analysis by considering  that a causal link existed between subsidized imports and injury to the domestic industry. The Commission then assessed the “effect of other factors” and found that none broke this link. Thereafter, the Commission concluded that
Marc Benitah 13 Nov 2017 3 min read

The "Ardern Clause" in TPP: A Novel Approach to Curbing Investor-State Dispute Settlement

New Zealand's impressive new Prime Minister, Jacinda Ardern, is on the record as stating that investor-state dispute settlement (ISDS) must not be a part of any future trade agreements signed by New Zealand.  In the case of the Trans-Pacific Partnership (TPP, which is apparently now renamed clumsily CPTPP)
Rob Howse 11 Nov 2017 2 min read

Investment in the New TPP

This is from the Japanese government's list of "Suspended Provisions" in the TPP: 2. Investment Agreement and Investment Authorisation (ISDS applies to these) 9.1 Definitions - suspend “investment agreement” and “investment authorisation” and associated Footnotes (5 - 11) 9.19.1 Submission of Claim to
Simon Lester 11 Nov 2017 1 min read

Suspended Provisions in the TPP

The Japanese government has posted a list of "Suspended Provisions" in the TPP. As I understand it, this means the provisions will be suspended if the TPP-11 go forward with the agreement, but could be restored if the U.S. decides to join later. Some of the most
Simon Lester 11 Nov 2017 1 min read

More on Judicial Review of AD/CVD Measures

In response to my post of the other day, Müslüm Yilmaz of the WTO (and also a commenter on the post) point me to this book: Domestic Judicial Review of Trade Remedies: Experiences of the Most Active WTO Members Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of
Simon Lester 11 Nov 2017 2 min read

What's In a Name? The new CPTPC3P0 Trade Agreement

It seems as though the TPP may be going forward, but is being rebranded slightly: Countries in the Trans Pacific Partnership (TPP) trade deal have agreed on the core elements to move ahead without the United States, officials said on Saturday, after last-minute resistance from Canada raised new doubts about
Simon Lester 11 Nov 2017 1 min read

Freelance Analyst for Investment Arbitration Reporter

This is from my friend Luke Peterson of Investment Arbitration Reporter Freelance analyst wanted Investment Arbitration Reporter is looking for one or more persons to join our team of freelance contributors We offer specialized reporting on developments in the field of international investment law. We read and digest legal pleadings
Simon Lester 09 Nov 2017 1 min read

Judicial Review of AD/CVD Measures

That last post has me thinking about domestic judicial review of AD/CVD measures. AD Agreement Article 13 says: "Each Member whose national legislation contains provisions on anti-dumping measures shall maintain judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia, of the prompt review of administrative
Simon Lester 08 Nov 2017 1 min read

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

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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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