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Canadian Constitutional Challenge to CETA

First it was some groups in Germany. Now someone in Canada is filing a constitutional challenge to CETA. The key documents are here. This is from the press release: The Plaintiffs central challenge is four-fold, namely that: (1) that the federal government does not have the constitutional authority to
Simon Lester 01 Nov 2016 1 min read

Interpreting the CETA Joint Interpretative Instrument

CETA has now been signed, although perhaps not yet sealed and delivered. The Joint Interpretative Instrument that helped CETA reach the provisional application stage (ratification is still a ways off) is here. I've been curious about what impact this instrument of interpretation will have on the interpretation of
Simon Lester 01 Nov 2016 2 min read

CALL FOR PAPERS: The duties, rights and powers of international arbitrators

CALL FOR PAPERS: The Law & Practice of International Courts and Tribunals Special Issue on THE DUTIES, RIGHTS AND POWERS OF INTERNATIONAL ARBITRATORS This special issue of the journal The Law & Practice of International Courts and Tribunals focuses on the duties, rights and powers of international arbitrators in investment
Simon Lester 30 Oct 2016 2 min read

Could Joe Stiglitz or Lori Wallach Be Making Trade Policy in a Clinton Administration?

This is from the Washington Post: Liberal advocacy groups are preparing blacklists of candidates for appointments to a Hillary Clinton administration, with one organization even producing opposition research to torpedo contenders they consider too soft on Wall Street or other corporate interests. Planning for a Democratic victory on Nov. 8,
Simon Lester 30 Oct 2016 1 min read

Belgian CETA Declaration Informal English Translation (from French version; opening procedural paragraphs omitted)

Informal translation of excerpts of the Declaration of the Kingdom of Belgium relating to the conditions under which the federal State and the federated entities exercise their full authority to sign CETA I have not translated all of those aspects that mostly pertain to procedural matters and federal intra-Belgium
Rob Howse 28 Oct 2016 2 min read

EU Selection Process for Appellate Body Candidates

The EU has launched a selection process for the Appellate Body slot that will open up soon: The second and last term in office of Professor Peter Van den Bossche (Belgium) on the WTO Appellate Body is due to expire on 11 December 2017 and a vacancy will arise. The
Simon Lester 27 Oct 2016 1 min read

If Wallonia Blocks CETA Because Of Investor-State Dispute Settlement (ISDS) Why Not Take ISDS Out of CETA?

Wallonia’s "non" to CETA seems inspired largely by the right CETA gives to Canadian investors in the EU to directly sue EU governments, so-called investor-state dispute settlement (ISDS). CETA narrowly defines the scenarios where Canadian multinationals -- or, for that matter, individual investors or SMEs -- would
Joost Pauwelyn 26 Oct 2016 3 min read

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
Simon Lester 20 Oct 2016 2 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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