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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

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

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The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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