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Tuna Compliance

The U.S. government has further modified its dolphin-safe labelling measure, in an attempt to bring the measure into compliance with the WTO rulings against it. Here are the various elements of the change: This interim final rule makes six amendments to the regulations, as explained below, none of which
Simon Lester 23 Mar 2016 7 min read

Marketing Marijuana

There's a lot of talk these days in international economic law -- both in disputes and negotiations -- about the marketing of traditional tobacco products. My sense is that this issue is on its way out, and in the coming years the big issue will be the marketing
Simon Lester 23 Mar 2016 2 min read

ISDS Discussion at Cato

We are hosting a discussion at the Cato Institute on the politics of investment treaties in developing countries, on Friday, April 15th at 4:30-6:00. The discussion will take as its starting point a new book by Lauge Poulsen, entitled "Bounded Rationality and Economic Diplomacy: The Politics of
Simon Lester 21 Mar 2016 1 min read

Trade as a Value

In a recent talk at a European Community Studies Association conference in Salzburg on CETA, TTIP and TISA, Lorand Bartels said something along these lines (sorry, no link, but Lorand assures me he said it!): Trade is not the most important value and the GATT exceptions say that other values
Simon Lester 20 Mar 2016 1 min read

CETA ISDS: Assisting the Tribunals

Let's say that, eventually, CETA comes into force, and the new version of ISDS with an international investment court tribunal, as well as an appellate tribunal, is in effect. Presumably, the members of these tribunals will need some assistance with their work. Here's where CETA suggests
Simon Lester 17 Mar 2016 1 min read

Proposed Retaliation Amount in Tuna

Mexico has moved forward in the Tuna WTO proceedings, announcing its proposed amount of retaliation: In accordance with Article 22.2, Mexico requests authorization from the DSB to suspend the application to the United States of tariff concessions and other related obligations in the goods sector under GATT 1994 in
Simon Lester 17 Mar 2016 1 min read

More on the Economic Benefits of Removing Non-Tariff Barriers

Here is an exchange from a New Zealand parliamentary hearing on the TPP: Clark: On that point, the non-tariff barrier portion of the argument—the analysis, or the modelling, seems to have gone to a view that, crudely characterised as “Think of a number and then halve it.” in terms
Simon Lester 15 Mar 2016 1 min read

More on Frivolous ISDS Claims

Here is the abstract of a new paper from Krzysztof Pelc, entitled "Does the Investment Regime Induce Frivolous Litigation?": The treatment of foreign investment has become the most controversial issue in global governance. At the centre of the controversy lies the mechanism of investor-state dispute settlement (ISDS), which
Simon Lester 15 Mar 2016 2 min read

H-1B Visas

Apparently, I am going to have to learn a bit more about H-1B visas. They are the subject of a new Indian WTO complaint against the U.S., which I may have something to say about next week. And they came up in last night's Republican presidential debate:
Simon Lester 11 Mar 2016 3 min read

Frivolous and Unfounded Claims under CETA ISDS

Here is a recent @Trade_EU tweet: "CETA has a fast track system for rejecting unfounded or frivolous investment protection claims – in a matter of weeks!" The CETA provisions they are referring to are the following: Article 8.32 Claims manifestly without legal merit 1. The respondent may,
Simon Lester 11 Mar 2016 1 min read

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International Economic Law and Policy Blog

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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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