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With Blinders On? How International Law Casebooks Teach Students in the United States

First published on Just Security. The United States disagrees with many countries, including key allies, on important questions of international law, including the geographical scope of armed conflict, the extraterritorial application of human rights, and the existence and scope of a right to preemptive self-defense. Underlying these particular disagreements is
Anthea Roberts 19 Oct 2017 8 min read

SPS Agreement vs. GATT

This is from the Indonesia - Chicken WTO panel report, circulated yesterday: Fn. 318. We note that Indonesia's defence under Article XX(b) raises a food safety issue. We observe that the SPS Agreement, according to its Preamble, "elaborates rules for the application of the provisions of
Simon Lester 18 Oct 2017 1 min read

Some GATT Negotiating History

Here are two posts on the original GATT negotiations, from Roy Santana of the WTO: CLASH OF THE GATT NEGOTIATORS September 1947: Following months of good progress in Geneva, GATT negotiators had entered a delicate phase where the most difficult issues had to be tackled, chief amongst which was the
Simon Lester 18 Oct 2017 8 min read

NAFTA Round 4: Time to Panic, or Time to Relax a Bit?

After NAFTA Round 4 wrapped up today, there were some strong words at the press conference. I can't find the full transcript of her remarks, but here is a news report on what Canadian Foreign Minister Chrystia Freeland had to say: Freeland said the "unconventional" demands
Simon Lester 17 Oct 2017 2 min read

Announcing a new paper on International Expositions Law

I would like to announce the availability of my new research paper on international expositions law. The title of this paper is Steve Charnovitz, "Why the International Exhibitions Bureau Should Choose Minneapolis for Global Expo 2023."  The Bureau of International Expositions (BIE) will be making this important decision
Charnovitz 16 Oct 2017 1 min read

Competing U.S. NAFTA Proposals

Here's a U.S. proposal, in the NAFTA renegotiation, to open Canada's dairy market a bit: The proposal came as the U.S. made its first significant move on dairy, a traditional sticking point with Canada. Several insiders said Friday the U.S. has asked Canada
Simon Lester 15 Oct 2017 1 min read

It's All About Sanctions:Why Trump's Decertification Won't Sink the Iran Deal-If Others Act Responsibly

There has been much handwringing in recent days about the imminent likelihood that President Trump will "decertify" the Iran deal.  But little of the media coverage has focused on the exact meaning and legal and political consequences of "decertification."  Often "decertification" is associated with
Rob Howse 11 Oct 2017 5 min read

What To Do With "Fair and Equitable Treatment" Provisions?

Politico has this report today: U.S. ISDS PROPOSAL WOULD CUT TWO KEY PROTECTIONS: Expect USTR to put at least one of those “poison pills” forward at talks this week. The final U.S. proposal on investor-state dispute settlement comes not only with an “opt-in” provisions that effectively makes the
Simon Lester 10 Oct 2017 3 min read

It's a Big Week for NAFTA

Round 4 of the NAFTA renegotiation starts on Wednesday. After this round, we may have a better sense of the chances of a successful renegotiation. We have heard hints and rumors of a number of U.S. proposals, but this round may give us something more concrete.  Here are some
Simon Lester 09 Oct 2017 2 min read

The EU's New Anti-Dumping Calculation Methodology

This is from the European Commission: Brussels, 4 October 2017 The European Parliament and the Council have agreed to change the EU's anti-dumping and anti-subsidy legislation following a proposal from the European Commission from November 2016. The main change to the anti-dumping legislation is the introduction of a
Simon Lester 04 Oct 2017 3 min read

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International Economic Law and Policy Blog

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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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