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The NHS Abroad

In the TTIP negotiations, some critics have gotten worked up about the potential impact on Britain's NHS (“We know that TTIP poses a real and serious threat to the NHS. The only way to neutralise that threat is for David Cameron to give a cast iron guarantee that
Simon Lester 04 Jul 2016 1 min read

More Gary Johnson on the TPP

Here is Libertarian Party Presidential candidate Gary Johnson on CNN yesterday, talking with Brianna Keilar: KEILAR: He -- Donald Trump gave a major speech this week on international trade. He issued a challenge to Hillary Clinton. This is what he said. (BEGIN VIDEO CLIP) TRUMP: Ask Hillary if she is
Simon Lester 04 Jul 2016 1 min read

The Protocols of the Children of Google: Ross Douthat’s Revival of an Old Myth of Anti-Globalism

Whenever discontent with globalization erupts, so does the myth of a world-dominating tribe that dare not say its name: the tribe sees itself as “elect” and deserving of world mastery, with a mission that is  universal and thus not bound by the normal (territorial) rules of tribalism. In the past,
Rob Howse 03 Jul 2016 3 min read

EU Approval of CETA

This is from Reuters: The European Commission will propose next week a simple approval procedure for a planned EU-Canada trade deal in a bid to speed up the adoption of an agreement seen as a controversial in many EU capitals. Commission President Jean-Claude Juncker told EU leaders meeting on Tuesday
Simon Lester 01 Jul 2016 1 min read

The WTO Plain Packaging Case: More Waiting

The WTO panels in the plain packaging case have delayed the reports again. This is from the panel communication in the DS435 case: The Panel wishes to advise that it now expects to issue its final report to the parties not before the end of 2016, in light of the
Simon Lester 01 Jul 2016 1 min read

Free Trade Within Canada: The Courts (Part 2)

Following up on the last post, this is from a recent report by Canada's Standing Senate Committee on Banking, Trade and Commerce, seeking to have the Canadian Supreme Court clarify the free trade provisions of the Canadian Constitution: A. Overview While the committee would prefer a renewed and
Simon Lester 30 Jun 2016 2 min read

Free Trade Within Canada: The Courts

Last month, a Canadian lower court ruled that the Canadian constitution does, in fact, guarantee free trade among the provinces. Here are the basic facts of the case, from the Toronto Globe and Mail: In 2013, Gérard Comeau was caught in what is likely the lamest sting operation in Canadian
Simon Lester 30 Jun 2016 2 min read

Brexit Law

As always, when there are big, disruptive policy changes, lawyers are some of the biggest winners. In the case of Brexit, it looks like some of my trade lawyer friends will be among them: The ripple effect of last week’s Brexit vote continues to be felt in Washington, where
Simon Lester 30 Jun 2016 1 min read

What's the Answer to the Variable Geometry Test: BRITTIP?

OK, no sensible person who understood Brexit ever really wanted it.  And there are enough potential legal and institutional obstacles—including most importantly the need for British Parliamentary action—to make it possible that actual Brexit never happens, as thoughtful commentators like Gideon Rachman and Andrew Moravcsik have said.  So
Trachtman 29 Jun 2016 2 min read

Trump on Trade Policy

Donald Trump just gave a speech on trade policy. It's full of nonsense, but honestly, it's not much different than you would hear from other politicians (many Democrats and some Republicans). Here are his recommendations for change: There is no way to “fix” the TPP. We
Simon Lester 28 Jun 2016 2 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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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