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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
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
Simon Lester 04 Oct 2017 3 min read

NAFTA Conferences

It sounds like the NAFTA renegotiation is about to get exciting, with proposals on controversial issues such as ISDS, rules of origin, and dispute settlement coming soon. To hear more about all this, you might want to attend a (free!) conference or two in Washington, DC. Georgetown University has one
Simon Lester 01 Oct 2017 2 min read

The GNLU International Moot Court Competition (GIMC)

This is from the Gujarat National Law University, Gandhinagar (GNLU): The GNLU International Moot Court Competition is GNLU’s flagship event, organized every year in February, by the University. GIMC is one of the very few moots in the world that simulates the WTO dispute settlement mechanism, and India’s
Inu Manak 01 Oct 2017 1 min read

Interdisciplinary Sovereign Debt Research and Management Conference

This is from the Graduate Institute in Geneva: On Thursday 5 October 2017 - Friday 6 October 2017, the Graduate Institute’s Centre for Finance and Development will be hosting a two day Interdisciplinary Sovereign Debt Research and Management Conference (DebtCon). Sovereign debt is at the centre of the policy debate
Inu Manak 28 Sep 2017 1 min read

A NAFTA proposal: fix the FET investment protection commitment*

With the NAFTA negotiations, investment lawyers, lawmakers, business groups, and civil society are waiting to see how Canada, Mexico, and the US will address the heated topic of investor-State arbitration, where an investor can claim compensation directly against a host state based on a treaty breach before an ad
Mona Paulsen 27 Sep 2017 7 min read

Counting Down the Appellate Body Members' Terms

This is from Manfred Elsig, Mark Pollack and Gregory Shaffer: The future of the world trading system is at stake thanks to an impasse in Geneva over the appointment of members of the Appellate Body (AB) of the World Trade Organization (WTO). The Trump administration has been waging a behind-
Simon Lester 27 Sep 2017 2 min read

Is International Economic Law International?

Following up on my earlier posts, I want to talk briefly about U.S. Trade Representative Robert Lighthizer's response to a question about WTO dispute settlement: ... We’ve had other provisions where the WTO has taken – really, I think, took the position that they were going to strike
Simon Lester 24 Sep 2017 5 min read

USTR's NAFTA Chapter 20 Proposals

Recall that at a recent CSIS event, U.S. Trade Representative Robert Lighthizer said this: ... Back when Senator Brock and I were there and there was a system, it was before 1995, before the WTO, under the GATT, and there was a system where you would bring panels and then
Simon Lester 21 Sep 2017 3 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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