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The Windstream Investment Arbitration

The award in the Windstream v. Canada NAFTA Chapter 11 investment arbitration was recently published. Investment Arbitration Reporter has a full summary here. I wanted to highlight two aspects of the fair and equitable treatment reasoning. First, the tribunal seemed to apply a strict "no dictionaries" principle: 357.
Simon Lester 12 Dec 2016 3 min read

The 15 Year Period of Not Litigating About Whether China is a Non-Market Economy Has Ended

The 15 year period after China's WTO accession during which litigation about the treatment of China as a "non-market economy" was put on hold has now expired, and the litigation can commence. This is from Inside US Trade: China this week wasted no time challenging the
Simon Lester 12 Dec 2016 1 min read

The International Aspects of the Republican Tax Plan (Probably) Violate WTO Law

Continuing from Simon’s interesting post on The GOP’s Response to VAT. . . .  In June 2016, the House Republican Tax Reform Task Force, led by Congressman and House Ways and Means Chair Kevin Brady, published a “Tax Reform Task Force Blueprint.”  The Blueprint proposes repealing the current corporate income tax,
Trachtman 10 Dec 2016 4 min read

The GOP's Response to the VAT

I've had a few questions from friends and reporters asking what I thought of the GOP tax plan set out here.  This is a key excerpt from the plan: Today, all of our major trading partners raise a significant portion of their tax revenues through value-added taxes (VATs)
Simon Lester 09 Dec 2016 6 min read

Welcome to Inu Manak

I wanted to welcome Inu Manak as a contributor to this blog. Inu was our research assistant at Cato's trade policy center, and she has been my co-author on several journal articles and op-eds. She is now a PhD student in poli sci at Georgetown (studying under Marc
Simon Lester 09 Dec 2016 1 min read

Talking About Brexit

Like most people, I didn't expect the UK voters to support Brexit. I figured this vote would be like all the other secession votes that come along, with a rejection at the end.  But with the vote going the way it did, whatever you think of the idea
Simon Lester 08 Dec 2016 1 min read

The Vattenfall Investment Arbitration

This is from the Financial Times: Germany’s highest court has ruled that the country’s utilities should be compensated for the government’s decision in the wake of the Fukushima disaster to shut down all Germany’s nuclear reactors. The decision by the Constitutional Court in Karlsruhe is a
Simon Lester 07 Dec 2016 1 min read

The WTO Plain Packaging Panel Report

The WTO panel in the plain packaging case tells us that the report will be circulated to the parties "not before" May 2017.  So what does that mean for those of us who are not parties, but rather mere members of the public?  For some indication, but not
Simon Lester 07 Dec 2016 1 min read

Security Exceptions in International Investment Agreements

This is from the latest Columbia FDI Perspectives: A network of bilateral treaties and other international investment agreements (IIAs) has constructed a predictable and enforceable international investment regime. Since 1992, however, the protections offered by this regime have potentially been limited by the inclusion in IIAs of self-judging essential security
Simon Lester 07 Dec 2016 1 min read

A Tax on Outsourcing

This is the latest from Donald Trump: The U.S. is going to substantialy reduce taxes and regulations on businesses, but any business that leaves our country for another country, fires its employees, builds a new factory or plant in the other country, and then thinks it will sell its
Simon Lester 05 Dec 2016 1 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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