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Lighthizer on Trade

U.S. Trade Representative Robert Lighthizer spoke at CSIS yesterday. The full transcript is here. I'm going to respond to some of his specific points. Early on, he refers to a growing skepticism about trade: For decades, support for what we call free trade has been eroding among
Simon Lester 19 Sep 2017 4 min read

Guest Post: A Follow-up to the EU Commission’s Decision to ‘Split’ Trade and Investment Protection

This is a guest post by Szilárd Gáspár-Szilágyi In a previous post Simon Lester has commented on President Juncker’s wish to rescue the EU’s trade policy, by concluding a set of streamlined trade agreements with Australia and New Zealand that would carve out contentious clauses on investment protection.
Simon Lester 14 Sep 2017 5 min read

Juncker's "Risky" Decision to Split Trade and ISDS/Investment Protection

This is from Politico: Jean-Claude Juncker wants to style the EU as the undisputed champion of global trade when he steps up to deliver his State of the Union address in Strasbourg Wednesday. The European Commission president’s pièce de résistance will be to propose a fast-track system to ensure
Simon Lester 13 Sep 2017 2 min read

Guest Post: Dispute Finance For Sovereigns In WTO Disputes - Access To Justice For Developing Countries

This is a guest post by Mauritius Nagelmueller: Access to justice continues to be an issue within the WTO Dispute Settlement Body (DSB) today, especially for developing countries. To keep the promise of a fairer trading system, developing country participation in the DSB needs to be improved, since the relationships
Simon Lester 12 Sep 2017 4 min read

Trade and Gender Politics

Canadian trade politics has a very different focus than U.S. trade politics does: The strongest opposition to including issues such as gender equality in discussions over the North American Free Trade Agreement has come not from the United States but from within Canada, Prime Minister Justin Trudeau said Monday.
Simon Lester 12 Sep 2017 1 min read

Will the EU Split Trade and Investment Protection?

This is from Politico: European Commission President Jean-Claude Juncker aims to solve one of the greatest weaknesses of EU trade policy by proposing fast-track ratification of trade deals that would eliminate the need for approval by some 40 parliaments across Europe. ... Building on the momentum of a landmark deal with
Simon Lester 10 Sep 2017 3 min read

Is There a NAFTA Chapter 19 Compromise?

The U.S. wants to "eliminate" NAFTA Chapter 19; Canada and Mexico want to keep it. It's hard to find a compromise between these two positions, but I gave it a shot with this proposal: Regardless of whether Chapter 19 was justified initially, a long time
Simon Lester 04 Sep 2017 2 min read

Trade Law in the Trump Era: A Transatlantic Perspective

Chantal Thomas asked that I post the following: Conference Announcement -- This Week at Boston University-- "Trade Law in the Trump Era: A Transatlantic Perspective" If you happen to be in the Boston area or otherwise available, please join this upcoming conference at Boston University School of Law.
Simon Lester 03 Sep 2017 1 min read

Canadian Trade and Investment Dispute Rosters

The Canadian government is looking for Canadians and non-Canadians to be on their international trade and investment dispute rosters (application details at the link): We know that our country is stronger — and our government more effective — when decision-makers reflect Canada's diversity. The Government of Canada will use an
Simon Lester 03 Sep 2017 6 min read

The Scope of Public Morals in GATT Article XX(a)

This is from yesterday's Brazil - Taxation panel report: 7.565. In reviewing the arguments and evidence submitted by Brazil, the Panel considers that Brazil has demonstrated that there is a problem of a "digital divide" in Brazil, and that the problem of the digital divide
Simon Lester 31 Aug 2017 1 min read

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International Economic Law and Policy Blog

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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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