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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
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 suspension
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
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.  That
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

Should the U.S. Have a Model Trade Agreement?

This is from Secretary of Commerce Wilbur Ross at his confirmation hearing (sorry about the all caps -- that's how it was at the link and I don't feel like retyping it): BUT I WOULD HOPE THAT IF CONFIRMED I CAN CONTRIBUTE TOWARD DESIGNING KIND OF A
Simon Lester 21 Mar 2017 1 min read

Lighthizer's Responses to Senate Questions

Here are a few answers from USTR nominee Robert Lighthizer to written questions from Senators (via Inside US Trade): The European Union is the top export markets for the United States. At the same time, U.S. businesses and farmers face significant barriers to the EU market. The Obama Administration
Simon Lester 21 Mar 2017 3 min read

What To Make of the G20?

This is from the FT: Finance ministers from the world’s biggest economies have dropped pledges to renounce protectionism in a meeting marked by tension over trade between the US and others including China. G20 finance ministers meeting in the German resort town of Baden-Baden noted the importance of
Simon Lester 19 Mar 2017 1 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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