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Can TPP Dispute Panels Be Blocked?

In its early years, NAFTA Chapter 20 state to state dispute settlement functioned as expected.  There were complaints, a couple panels were set up, they issued reports, and compliance was sometimes achieved.  However, as I understand it (and I confess I'm fuzzy on the details), in a case
Simon Lester 12 Jun 2017 9 min read

Is the US Withdrawal from the Paris Climate Agreement a First Salvo against the Special and Differential Treatment?

In its speech relating to the decision to withdraw from the Paris Climate Agreement, President Trump emphasized that “I cannot in good conscience support a deal that punishes the United States...the world’s leader in environmental protection, while imposing no meaningful obligations on the world’s leading polluters”. While
Marc Benitah 07 Jun 2017 2 min read

What if the U.S. Complies with the Paris Accord Obligations?

This is from law prof Eric Posner: I’m told by someone who knows about these things that the Obama-era climate actions, combined with ongoing shifts in the U.S. energy sector, will ensure that the U.S. will reach its announced (voluntary) target under the Paris agreement, or nearly
Simon Lester 04 Jun 2017 1 min read

Weapons of Mass Trade Destruction Are Proliferating

A couple weeks ago, I suggested that it was possible the Trump administration had already made up its mind on the Section 232 investigations, and would almost certainly find that steel and aluminum imports have impaired national security, giving the President the authority to impose trade restrictions in response (the
Simon Lester 02 Jun 2017 1 min read

More on Secretary Ross on MFN

Last month, I blogged about a press conference by Commerce Secretary Wilbur Ross, in which, among other things, he seemed to criticize the MFN clause as a barrier to trade liberalization. I explained (briefly) there why I thought this criticism was misguided. Chad Bown and Alan Sykes subsequently wrote a
Simon Lester 30 May 2017 3 min read

Trade Language Battles

This is from Inside US Trade: U.S. Trade Representative Robert Lighthizer, at his first public appearance here during the Asia-Pacific Economic Cooperation trade ministers meeting, said the U.S. defending its own market against unfair trade practices should not be confused with protectionism -- the definition of which, he
Simon Lester 24 May 2017 2 min read

Politics and Law of the Border Adjustment Tax

You may have thought the much discussed U.S. border adjustment tax proposal was dead, as not much has been said about it recently, but the Washington Post reports on a Congressional hearing yesterday: Much of corporate America is in agreement that it would like to see a sweeping overhaul
Simon Lester 24 May 2017 1 min read

A Turning of the Tide against ISDS?

The Court of Justice for the European Union fired a significant shot at investor-state dispute settlement (ISDS) this week, and the result is likely to be much more than just a flesh wound. In deciding that the European Union did not have exclusive competence to enter into agreements including ISDS
Anthea Roberts 19 May 2017 8 min read

Conference: Brexit, China, and Other New Challenges to International Trade Law

This announcement is from Ming Du at the Centre for Chinese Law & Social - Legal Studies of Surrey University: On 31st May 2017, the Centre for Chinese Law & Social - Legal Studies of Surrey University, together with the British Institute of International and Comparative Law, will hold an
Simon Lester 15 May 2017 1 min read

U.S.-China Trade Peace Has Broken Out

Instead of the U.S. - China trade war that may have seemed like it was coming, we are seeing positive U.S. - China trade relations so far.  The Trump administration and China recently worked out a deal on a few small trade issues.  Here are two items to
Simon Lester 14 May 2017 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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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