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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

Property Rights For Some, But Not For Others

I'm coming across quite a few people on twitter and elsewhere who seem eager to defend ISDS/investment treaties/investment chapters in FTAs. This blog post will give them another opportunity, in the context of one particular aspect of the current international investment system.  Investment rules typically have
Simon Lester 13 Oct 2016 4 min read

Mandatory / Discretionary Distinction in EU - Biodiesel

One day, the Appellate Body will be presented with just the right measure and legal obligation to fully elaborate all of the contours of the mandatory/discretionary distinction. Last week's EU - Biodiesel report was not the case to do that, but nonetheless the Appellate Body said some
Simon Lester 12 Oct 2016 8 min read

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International Economic Law and Policy Blog

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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