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The (Partial) Dissent in Philip Morris:Gary Born vs. the Constitution of Uruguay

Many of us heaved a sigh of relief when Philip Morris lost its challenge to Uruguay's tobacco plain packaging regulations. In the euphoria of the moment, it was easy to ignore the unpleasant fact of a dissent.  Yet much of the value to Philip Morris in attacking, both
Rob Howse 07 Mar 2017 2 min read

How does China intend to reconcile its “Made in China 2025" program with its SCM obligations?

According to some sources, China has charted out a $300 billion plan to become nearly self-sufficient by 2025 in a range of important industries, from planes to computer chips to electric cars as it looks to kick-start its next stage of economic development. This so-called “Made in
Marc Benitah 07 Mar 2017 1 min read

ICSID Arbitrators Turn Investment Treaty into Insurance Policy Against Terrorism

An investor operates a facility in what has become one of the most dangerous places in the Middle East; despite the efforts of the host state's army, terrorist attacks on the facility continue.  According to a recent ICSID decision, the failure of Egypt to stop terrorist attacks on
Rob Howse 07 Mar 2017 2 min read

Korea's WTO Case Against China Over THAAD Retaliations?

It has been reported that Korea is considering bringing a WTO case against China over the trade retaliations China has taken in the wake of Korea's decision to install the Terminal High Altitude Area Defense (THAAD) system. However, I think this is unlikely to happen as the Korean
Henry Gao 07 Mar 2017 1 min read

The Trump Administration, WTO Dispute Settlement Decisions, and Trade Remedies

If you are looking for indications as to how the Trump administration trade policy team might approach changes to WTO dispute settlement, this new report by Terry Stewart and Elizabeth Drake, entitled "How the WTO Undermines U.S. Trade Remedy Enforcement," might be a good place to start.
Simon Lester 06 Mar 2017 4 min read

A Booby-Trapped Approach to Reforming Investor State Dispute Settlement Part II

In my previous post I took issue with what appears to be the basic premise of super-arbitrator Kaufmann-Kohler's approach to creating a multilateral investment court: because of the overriding importance of maximum enforcement instruments for investors, a multilateral tribunal can't deviate too much from
Rob Howse 02 Mar 2017 2 min read

Gabrielle Kaufman-Kohler:A Booby-Trapped Approach to Reforming Investor-State Dispute Settlement Part I

Currently the European Commission and Canada are at the forefront of an initiative to replace traditional investor-state arbitration with a multilateral investment court.  The latter would likely include a true appellate mechanism, serious rules on arbitrator ethics and against conflict of interest, judges who are qualified in public international
Rob Howse 02 Mar 2017 4 min read

The U.S. National Trade Policy Agenda for 2017

The FT has a copy here. It is being portrayed as more evidence of the U.S. planning to move away from the WTO, and perhaps it is, but to be honest the language is not as radical as I expected.  Yes, there are mentions of "sovereignty" and
Simon Lester 01 Mar 2017 1 min read

The Trump Administration and WTO Disputes

This is from the FT: The Trump administration is exploring alternatives to taking trade disputes to the World Trade Organisation in what would amount to the first step away from a system that Washington helped to establish more than two decades ago. Incoming officials have asked the US Trade Representative’
Simon Lester 27 Feb 2017 1 min read

Exceptions from the Fair and Equitable Treatment Obligation

Over on twitter, my friend Colin Brown and I were discussing exceptions clauses in international investment agreements.  When I suggested that it was important to have such exceptions apply to the fair and equitable treatment obligation, he asked, "but why would one need an exception from failure to provide
Simon Lester 26 Feb 2017 3 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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