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Call for Papers: Thinking a Global Trade Governance for the 21st Century

From the Institute for International Law and Justice, NYU School of Law: The IILJ is co-organizing a conference in Buenos Aires, on 12 December 2017 on: “Thinking a Global Trade Governance for the 21st Century: Challenges and Opportunities on the Eve of the WTO´s 11th Ministerial Conference.” Abstracts and
Inu Manak 26 Jul 2017 1 min read

Section 232 Steel Duties Delayed?

This is from the WSJ: President Donald Trump said his administration would take its time in making a long-awaited decision on whether to block steel imports, saying “we don’t want to do it at this moment.” Mr. Trump and his Commerce Secretary, Wilbur Ross, had earlier this year said
Simon Lester 25 Jul 2017 1 min read

A Mexican Perspective on NAFTA Chapter 19

This is from blog reader and occasional commenter Adrián Vázquez Benítez, a Mexican trade lawyer: AFTER CHAPTER 19 NAFTA ELIMINATION: WHO WILL DEFEND US? USTR recently announced its objectives regarding the renegotiation of NAFTA, one seeking to remove Chapter 19 "Review and Dispute Settlement in Antidumping and Countervailing Duty
Simon Lester 25 Jul 2017 3 min read

Does NAFTA Chapter 19 Constrain AD/CVD Use?

This is from Chad Bown: Figure 1 illustrates the United States’ use of [trade remedies] over the NAFTA period of 1994–2016, as well as a projection for potential use in 2017 (more on this below). Each line represents the share of US imports from a different foreign source that
Simon Lester 20 Jul 2017 3 min read

Is NAFTA Chapter 19 Constitutional?

Here are some excerpts from an old law review debate about the constitutionality of CUSFTA Chapter 19: Alan Morrison of Public Citizen: If the meaning and applicability of the laws of the United States dealing with antidumping and countervailing duties are enunciated and given legally binding effect in decisions directly
Simon Lester 20 Jul 2017 3 min read

The New Calvo Doctrine of the Trump Administration: Renegotiating the Investment Chapter of NAFTA

In a recent post here, I commented on the absence of Fair and Equitable Treatment and protection against expropriation from the text on investment in the recently released (thought not finalized) Japan-EU Economic Partner Agreement (JEEPA), speculating that this might be seen as a shift to a focus on non-discrimination
Rob Howse 18 Jul 2017 2 min read

The Trump Administration's NAFTA Negotiating Objectives

USTR has just published the Trump administration's NAFTA negotiating objectives here. Many of them will look familiar, as they are a standard part of U.S. trade negotiations.  Here are some examples: Investment - "Secure for U.S. investors in the NAFTA countries important rights consistent with
Simon Lester 17 Jul 2017 1 min read

A New Environmental Exception in the JEEPA?

This is from the Trade and Sustainable Development chapter of the Japan-EU Economic Partnership Agreement (JEEPA), circulated by the EU last week: Article 4 Multilateral environmental agreements ... 4. The Parties reaffirm their commitment to achieving the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC). The Parties
Simon Lester 10 Jul 2017 2 min read

ISDS Tobacco Litigation Costs

How much does ISDS litigation on tobacco regulation cost?  And who has to pay? This was from the Philip Morris v. Uruguay tribunal: 588. In view of the outcome of the case and the significant disproportion between the Parties’ respective costs, the Tribunal deems it fair and reasonable that the
Simon Lester 10 Jul 2017 2 min read

Fumbling towards multilateralism? A first read of the investment text in the Japan-EU FTA

The Japan-EU trade deal, the JEEPA, has many facets and implications-economic, geopolitical and legal. On its own, the text of the investment chapter merits attention.   The EU and Japan seemed to have scrapped the classic BIT/investor protection architecture as a model, and instead designed a set of disciplines that
Rob Howse 07 Jul 2017 5 min read

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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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