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The Vattenfall Investment Arbitration

This is from the Financial Times: Germany’s highest court has ruled that the country’s utilities should be compensated for the government’s decision in the wake of the Fukushima disaster to shut down all Germany’s nuclear reactors. The decision by the Constitutional Court in Karlsruhe is a
Simon Lester 07 Dec 2016 1 min read

The WTO Plain Packaging Panel Report

The WTO panel in the plain packaging case tells us that the report will be circulated to the parties "not before" May 2017.  So what does that mean for those of us who are not parties, but rather mere members of the public?  For some indication, but not
Simon Lester 07 Dec 2016 1 min read

Security Exceptions in International Investment Agreements

This is from the latest Columbia FDI Perspectives: A network of bilateral treaties and other international investment agreements (IIAs) has constructed a predictable and enforceable international investment regime. Since 1992, however, the protections offered by this regime have potentially been limited by the inclusion in IIAs of self-judging essential
Simon Lester 07 Dec 2016 1 min read

A Tax on Outsourcing

This is the latest from Donald Trump: The U.S. is going to substantialy reduce taxes and regulations on businesses, but any business that leaves our country for another country, fires its employees, builds a new factory or plant in the other country, and then thinks it will sell its
Simon Lester 05 Dec 2016 1 min read

Can All the Global Governance Regimes Get Along?

What will happen if some global governance regimes try to assert their authority over other regimes?  This is from a paper by Lukasz Gruszczynski: The current language of the [Framework Convention on Tobacco Control] does not provide any exclusion clause that would prevent the recourse to other international dispute settlement
Simon Lester 05 Dec 2016 1 min read

Call for Papers: 2017 ILA-ASIL Asia-Pacific Research Forum, Taipei, Taiwan

This is from Pasha Hsieh: Call for Papers: 2017 ILA-ASIL Asia-Pacific Research Forum, Taipei, Taiwan The Chinese (Taiwan) Society of International Law will hold the ILA-ASIL Asia-Pacific Research Forum on May 19-20, 2017 in Taipei, Taiwan, ROC. The theme of the Research Forum is "
Simon Lester 05 Dec 2016 1 min read

Trebilcock and Daniels on Trade Adjustment Assistance

An important proposal here.
Joel Trachtman 03 Dec 2016 1 min read

Carrier and President-Elect Trump

This is from the Washington Post: Trump’s strategy secured an early victory this week when the president-elect persuaded air-conditioning manufacturer Carrier not to move up to 1,000 jobs from Indiana to Mexico. The negotiation was an unusual move for a modern president, but [Treasury secretary nominee
Simon Lester 01 Dec 2016 1 min read

Trump's Commerce Secretary

This is from CNBC: Wilbur Ross, President-elect Donald Trump's choice for Commerce secretary, told CNBC on Wednesday he wants to overhaul "dumb trade" deals that the U.S. has with countries around the world. "Believe it or not, Mexico has better treaties with the
Simon Lester 30 Nov 2016 1 min read

Bitcoin Subsidies

My Cato colleague Jim Harper is a bitcoin expert. He explained bitcoins to me once, and I think I understood it all briefly, but it has now escaped me. But now that international trade rules might be relevant, I may take another look.  Here he is explaining how there may
Simon Lester 28 Nov 2016 3 min read

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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

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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