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What To Expect from President Donald Trump's Trade Policy

The next four years are going to be rough. Trade is one of many areas where Donald Trump has said some things that are far out of the mainstream. Some of his statements just carry on current policy ("I am going to instruct the U.S. Trade Representative to
Simon Lester 09 Nov 2016 2 min read

Appellate Review of a Panel's Examination of a Measure

This is from the recent U.S. DSB statement related to the EU - Biodiesel Measures Appellate Body report: The United States, however, would like to draw the DSB’s attention to an important systemic issue with implications for the operation of the dispute settlement system. The issue is how
Simon Lester 04 Nov 2016 6 min read

Is ICS compatible with EU Law?

This is from Laurens Ankersmit: So what are the main legal issues underlying ICS and EU law? It is clear that the Treaties in principle permit international agreements providing for state-to-state dispute settlement between the EU and third countries (such as the WTO’s dispute settlement body). Such state-to-state dispute
Simon Lester 04 Nov 2016 1 min read

Canadian Constitutional Challenge to CETA

First it was some groups in Germany. Now someone in Canada is filing a constitutional challenge to CETA. The key documents are here. This is from the press release: The Plaintiffs central challenge is four-fold, namely that: (1) that the federal government does not have the constitutional authority to sign,
Simon Lester 01 Nov 2016 1 min read

Interpreting the CETA Joint Interpretative Instrument

CETA has now been signed, although perhaps not yet sealed and delivered. The Joint Interpretative Instrument that helped CETA reach the provisional application stage (ratification is still a ways off) is here. I've been curious about what impact this instrument of interpretation will have on the interpretation of
Simon Lester 01 Nov 2016 2 min read

CALL FOR PAPERS: The duties, rights and powers of international arbitrators

CALL FOR PAPERS: The Law & Practice of International Courts and Tribunals Special Issue on THE DUTIES, RIGHTS AND POWERS OF INTERNATIONAL ARBITRATORS This special issue of the journal The Law & Practice of International Courts and Tribunals focuses on the duties, rights and powers of international arbitrators in investment
Simon Lester 30 Oct 2016 2 min read

Could Joe Stiglitz or Lori Wallach Be Making Trade Policy in a Clinton Administration?

This is from the Washington Post: Liberal advocacy groups are preparing blacklists of candidates for appointments to a Hillary Clinton administration, with one organization even producing opposition research to torpedo contenders they consider too soft on Wall Street or other corporate interests. Planning for a Democratic victory on Nov. 8,
Simon Lester 30 Oct 2016 1 min read

Belgian CETA Declaration Informal English Translation (from French version; opening procedural paragraphs omitted)

Informal translation of excerpts of the Declaration of the Kingdom of Belgium relating to the conditions under which the federal State and the federated entities exercise their full authority to sign CETA I have not translated all of those aspects that mostly pertain to procedural matters and federal intra-Belgium matters
Rob Howse 28 Oct 2016 2 min read

EU Selection Process for Appellate Body Candidates

The EU has launched a selection process for the Appellate Body slot that will open up soon: The second and last term in office of Professor Peter Van den Bossche (Belgium) on the WTO Appellate Body is due to expire on 11 December 2017 and a vacancy will arise. The
Simon Lester 27 Oct 2016 1 min read

If Wallonia Blocks CETA Because Of Investor-State Dispute Settlement (ISDS) Why Not Take ISDS Out of CETA?

Wallonia’s "non" to CETA seems inspired largely by the right CETA gives to Canadian investors in the EU to directly sue EU governments, so-called investor-state dispute settlement (ISDS). CETA narrowly defines the scenarios where Canadian multinationals -- or, for that matter, individual investors or SMEs -- would
Joost Pauwelyn 26 Oct 2016 3 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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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