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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

The Australians May Be Looking for a Simpler EU Trade Deal

Are people drawing any lessons from the troubles with CETA? There is still a long way to go with settling the scope of EU trade policy, with a court decision coming and political battles to be fought, and CETA may eventually be fully ratified in its current form. But even
Simon Lester 25 Oct 2016 1 min read

The CETA Controversy

No doubt you have all read about the problems the EU is having with ratifying CETA: After seven years of negotiations on the Comprehensive Economic and Trade Agreement (Ceta), talks broke down on Friday. This followed a rejection of the deal by Wallonia. Exercising its right under the Belgian federal
Simon Lester 23 Oct 2016 2 min read

Clayton Yeutter Chair at University of Nebraska-Lincoln College of Law

This is from the University of Nebraska-Lincoln: The University of Nebraska-Lincoln has announced the three endowed chairs it will establish as the foundation of the Clayton K. Yeutter Institute of International Trade and Finance. The institute was launched in 2015 to prepare students to work at a time when national
Simon Lester 20 Oct 2016 2 min read

CETA and Mutual Recognition

This is from The Economist: Twentieth-century trade deals slashed tariffs. Newer ones between rich countries, such as CETA, focus on cutting other barriers to trade. After seven years of haggling, European negotiators dream of European toys and electrical products being sold straight to Canadians, without having to go through a
Simon Lester 20 Oct 2016 1 min read

Does a Tobacco Carveout FTA Amendment Violate International Investment Obligations?

My buddy Bryan Mercurio and I were emailing about the new tobacco carveout in the amended Australia - Singapore FTA, and he suggested that this carveout may violate the fair and equitable treatment obligation.  At first I thought, how would a provision in an investment chapter violate that very chapter?
Simon Lester 19 Oct 2016 1 min read

The Role of the European Parliament in the Conclusion and Implementation of Agreements on International Economic Law Issues

From the European Society of International Law:International Conference "The Role of the European Parliament in the Conclusion and Implementation of Agreements on International Economic Law Issues"On 9 December 2016, the ESIL IG on International Economic Law in cooperation with the European Parliament will organize an International
Simon Lester 18 Oct 2016 1 min read

Jelena Bäumler on the German Federal Constitutional Court’s Judgment on CETA

Law prof Jelena Bäumler offers the following thoughts on yesterday's decision by the German Federal Constitutional Court on CETA: Yes, but…- for now! The German Federal Constitutional Court’s judgment on CETA On 13 October 2016, the German Federal Constitutional Court (the Court, FCC) issued its much-awaited
Simon Lester 14 Oct 2016 8 min read

The Tobacco Carveout is Spreading

Whether or not the TPP ever gets ratified, the idea for a tobacco carveout seems to have taken hold. Via Tania Voon on twitter, I see that Australia and Singapore have agreed to amend their FTA to include a tobacco carveout. Here's the added text (p. 97) ARTICLE
Simon Lester 13 Oct 2016 1 min read

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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

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

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