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Fair and Equitable Treatment/Manifest Arbitrariness in the new EU-Mexico Global Agreement

Recall that CETA Article 8.10 identifies the following examples of "treatment" that is not "fair and equitable": 1. Each Party shall accord in its territory to covered investments of the other Party and to investors with respect to their covered investments fair and equitable treatment
Simon Lester 04 May 2018 3 min read

More GATT Article XXI Negotiating History

Negotiating history often raises as many questions as it answers, but that's part of what makes it interesting. Recently, I stopped by the  University of Pennsylvania library to look at the Clair Wilcox collection of International Trade Organization documents, and I found a document dated September 15, 1947,
Simon Lester 01 May 2018 1 min read

SIEL 2018 Conference

This is from the SIEL 2018 conference organizers: The Society of International Economic Law (SIEL) 2018 Global Conference will take place in Washington D.C. on July 12-14, 2018, with the theme International Economic Law in Unsettling Times. The Conference will be the largest conference SIEL has ever organized,
Simon Lester 01 May 2018 1 min read

Request for Proposals, Centre for Trade and Investment Law (India)

This is from the Centre for Trade and Investment Law in New Delhi, India: Request for Proposals: Training session and capacity building in the field of international trade and economic diplomacy. The Centre for Trade and Investment Law, established by the Ministry of Commerce, Govt. of India, is inviting proposals
Inu Manak 30 Apr 2018 1 min read

Conference: "National sovereignty and regional economic integration: non-trade values and international trade"

The Department of Private International Law of the University of Szeged and the HAS-Szeged Federal Markets "Momentum" Research Group cordially invites you to: "National sovereignty and regional economic integration: non-trade values and international trade", on  May 3, 2018. The event will take place at:
Inu Manak 26 Apr 2018 1 min read

Finishing the NAFTA Renegotiation: Some Outstanding Issues

There are reports that an "agreement in principle" on a new NAFTA is almost ready. Will they try to resolve all of the major points as part of this, or will they gloss over some of them? I'm not sure. Anyway, here are 13 issues I&
Simon Lester 24 Apr 2018 2 min read

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 for
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 Mexico.
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 today presented the
Simon Lester 18 Apr 2018 2 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

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