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Non-Legal Adjudicators in National and International Disputes

From TDM: We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120) special issue on "Non-Legal Adjudicators in National and International Disputes". This special issue will analyse the current scenario, as well as new trends, developments, and challenges that non-legal adjudicators face when resolving national
Simon Lester 14 Jul 2016 1 min read

Is There A Right To Use Trademarks?

This is from last week's Philip Morris v. Uruguay investment arbitration award: 266 The Claimants also argue that a trademark is a property right under Uruguayan law which thus accords a right to use. Again, nothing in their argument supports the conclusion that a trademark grants an inalienable
Simon Lester 13 Jul 2016 2 min read

Anti-Smoking Regulation in China

From the Economist: The state-owned China National Tobacco Corporation controls the production and sale of all tobacco in China. That the government profits from puffing perhaps explains why it has taken so few anti-smoking measures since China signed the WHO’s Framework Convention on Tobacco Control in 2003. Packets carry
Simon Lester 13 Jul 2016 1 min read

Is the "China Sea" scenario legally or empirically impossible in the WTO context?

As we now know, a unanimous Award has just been issued by the Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by the Philippines against China. China has repeatedly stated that “it will neither accept nor participate in
Marc Benitah 12 Jul 2016 1 min read

The Born Dissent

Gary Born's separate opinion in the Philip Morris v. Uruguay award (see Annex B) is referred to as a "concurring and dissenting opinion," but I'm going to focus on the dissent part. Read his whole opinion, of course, but a good summary comes early
Simon Lester 11 Jul 2016 2 min read

Uruguay Wins the ISDS Complaint Brought Against Its Tobacco Regulations

From the FT: Uruguay has won a landmark lawsuit against Philip Morris International, which was suing the South American country for its strict regulations on smoking in what was seen as a test case for the tobacco industry. The full decision can be found here. A good summary of the
Simon Lester 08 Jul 2016 2 min read

Will the TPP SPS Consultations Mechanism Speed Things Up or Slow Things Down?

This is from the USTR summary of the TPP SPS chapter: Cooperative Technical Consultations (CTC) To help encourage the early and expeditious resolution of SPS matters, the SPS chapter establishes a consultative mechanism under which relevant agencies will work to find science-based solutions to SPS issues that emerge between TPP
Simon Lester 07 Jul 2016 2 min read

World Trade Forum at EUI

This year's EUI/WTI/CEPR World Trade Forum is 23 - 24 September in Florence, focusing on behind-the-border policies and global trade: This year’s World Trade Forum – an annual event that is organised by the World Trade Institute (Bern), the Robert Schuman Centre for Advanced Studies (European
Simon Lester 07 Jul 2016 1 min read

Job Opening: Assistant United States Trade Representative for Monitoring and Enforcement

This is the kind of job that doesn't open up very often, so if you are at all interested, take advantage of the opportunity: Assistant United States Trade Representative for Monitoring and Enforcement Manages and coordinates USTR legal and interagency legal resources in connection with U.S. representation
Simon Lester 05 Jul 2016 1 min read

CETA Approval Update

From the FT: Jean-Claude Juncker, the European Commission president, is preparing to ditch contentious plans to fast-track approval of a trade deal with Canada, in an eleventh-hour political retreat that followed staunch criticism from some European capitals. To the dismay of Germany and France, Mr Juncker had tried to speed
Simon Lester 05 Jul 2016 1 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 There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

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