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Making NAFTA More Like the TPP

Inside US Trade has a copy of the Trump administration's draft notice to Congress "that the President intends to initiate negotiations related to the North American Free Trade Agreement (NAFTA) and its architecture," in which they set out "specific objectives for negotiation."  Not surprisingly,
Simon Lester 30 Mar 2017 2 min read

The Fourth Man: An Intriguing Sub-Plot in the Yukos Arbitration

The Yukos case is among the most flamboyant investor-state arbitrations (Chevron v. Ecuador a close competitor).  Yukos reads like a paperback thriller-settling of scores between rogue oligarchs and the Putin regime with billions at stake.  Definitely worth a mini-series on HBO or Showtime. Last night at the ISDS answer to
Rob Howse 29 Mar 2017 4 min read

It's Brexit Day

BBC has the Article 50 withdrawal notification letter here.  Not surprisingly, it does not tell us much about how the withdrawal talks will go (the UK would like a "deep and special partnership" with the EU). The substance of the negotiations will become more clear as we move
Simon Lester 29 Mar 2017 1 min read

Clues About Trump's ISDS Policy

Lots of people are asking about what the Trump administration will do with investment treaties and investment chapters of FTAs.  Will their sovereignty concerns mean they reject ISDS?  Or will their pro-business views mean they support ISDS? This from the LA Times is one of the first reports of White
Simon Lester 28 Mar 2017 1 min read

DS461 is Confusing

Compliance review in the DS461 dispute, Colombia - Textiles, is proceeding in the strangest order I can remember seeing.  Keep in mind that Panama was the complainant and Colombia was the respondent in the underlying dispute. Here's the timeline of the compliance part: February 9, 2017: Panama proposes
Simon Lester 28 Mar 2017 1 min read

Keystone XL Part 2: Nebraska

As I mentioned here last week, TransCanada's NAFTA Chapter 11 claim is now over, after the State Department issued a Presidential permit for building the Keystone XL pipeline.  The transcript of President Trump talking about this with TransCanada's CEO is here, and the ICSID web site
Simon Lester 28 Mar 2017 1 min read

Eli Lilly v Canada: A Pyrrhic Victory Against Big Pharma

It is a well-known story that Big Pharma aggressively uses trade negotiations, political lobbying, and domestic and international litigation (and the threat thereof) to expand the monopoly rents it gains from patent protection, and defeat the effort of states to limit intellectual property rights in the public interest, whether through
Rob Howse 26 Mar 2017 5 min read

What ICSID Does When a Human Rights Victim Tries to Get Justice There: Victor Pey Casado and the Allende Foundation v Chile

Given my concerns about ISDS and its effects on the policy space of states, sometimes people are surprised to learn that I have consulted to the investor's counsel in a number of these disputes.  The fact is, though, that sometimes the investor happens to be the good guy,
Rob Howse 24 Mar 2017 3 min read

President Trump on ISDS (Sort Of)

OK, not really on ISDS, but touching on ISDS to a very slight degree. Here's what he said a couple days ago: I’ve cleared the way for the Dakota Access and Keystone XL pipelines -- and added a requirement that American pipelines be constructed with American steel.
Simon Lester 23 Mar 2017 2 min read

Event on Socio-Legal Methodologies at the University of Warwick

From the Centre for Law, Regulation and Governance of the Global Economy (GLOBE) at the University of Warwick: On Tuesday, 16 May 2017, the Centre for Law, Regulation and Governance of the Global Economy (GLOBE) at the University of Warwick, as part of the International Economic Law in Context Seminar
Inu Manak 23 Mar 2017 1 min read

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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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