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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

Appellate Body Appointments

This is from the U.S. statement at today's DSB meeting: 7. APPOINTMENT OF APPELLATE BODY MEMBERS: PROPOSAL BY THE EUROPEAN UNION (WT/DSB/W/597/REV.3) Second Intervention The U.S. seems to be saying that it will not work towards filling any Appellate Body vacancies
Simon Lester 31 Aug 2017 1 min read

Do the editors of the Financial Times care about objective reporting on Greece?

By a long stretch, the Financial Times is my favorite English-language newspaper.  Not only because it covers better than others the international economic stories that are of concern to folks like me, the readers of this blog.  More importantly, the line-up of outstanding writers and thinkers is stunning: Gillian Tett,
Rob Howse 30 Aug 2017 3 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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Featured

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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