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Call for Papers on Cultural Heritage (and Trade and Investment)

From The Scientific Committee of the International Conference: The Scientific Committee of the international Conference 'UNESCO World Heritage Between Education and Economy - A Legal Analysis' is calling for paper proposals on the following topics: I) Cultural Heritage and its Meaning; II) Cultural Heritage & Investment Law; III) Cultural
Simon Lester 20 Jul 2016 1 min read

When Can the UK Negotiate Its Own Trade Agreements? Part II

A couple weeks ago, I blogged about the issue of when the UK can start negotiating its own trade agreements. There was some twitter discussion of this issue recently, which spilled over into several new comments on that blog post. I wanted to raise the issue again because I'
Simon Lester 17 Jul 2016 3 min read

The Post-Brexit UK-EU Relationship

There has been a lot of hand-wringing about the post-Brexit UK-EU trading relationship as it relates to regulations. Here's an example: Sigurd Braathen worked for a lifetime to build his family’s industrial company into a profitable venture with sales across Europe. Then an environmental
Simon Lester 17 Jul 2016 2 min read

Why No Appellate Review in Trade Dispute Settlement Anymore?

From Inside US Trade: In advance of the negotiating round for a Trade In Services Agreement that kicked off today (July 8), the European Union proposed a text on dispute settlement that does not reflect the EU's previous demand for a dispute settlement system with an appeals process,
Simon Lester 14 Jul 2016 1 min read

Subsidies and TTIP Compilations

Two good (and free) edited collections are available. Here's one on subsidies, edited by Luca Rubini and Jennifer Hawkins: What shapes the law? : reflections on the history, law, politics and economics of international and European subsidy disciplines This book puts together several contributions that, from various time, system
Simon Lester 14 Jul 2016 1 min read

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
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.
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

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Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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