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Canada Must Sign in New Zealand with Other Ministers, According to the Government of Canada. Is This Right?

My colleague Sean Stephenson, in his personal capacity, had some thoughts on the presumption that Canada's Minister of International Trade must attend in New Zealand and sign the TPP in order for Canada to retain full membership. Enjoy his views. Alan In the lead up to a signing
Alan Alexandroff 01 Feb 2016 5 min read

The TPP and NTBs

This is from a Peterson Institute working paper, by Peter Petri and Michael Plummer, that estimates the economic effects of the TPP: The bottom half of the table shows NTBs, represented as tariffs that would have had the same protective effect (tariff equivalents). NTBs include quotas in agriculture and energy,
Simon Lester 01 Feb 2016 2 min read

A First Look at the EU's New Investment Court System

A few weeks ago, I noted that the EU - Viet Nam FTA would include the EU's proposed new Investment Court System (ICS). The text of that FTA has just been released, so now everyone can see what the big deal is. The ICS part is in Chapter
Simon Lester 01 Feb 2016 1 min read

Talking Tuna

On Friday, ICTSD and WTI Adivisors hosted an excellent discussion of the US - Tuna II WTO Appellate Body report, with Lorand Bartels, Joel Trachtman, Iain Sandford, David Agnew, and Matthew Owens as speakers. You can view the recording here. Via twitter, I asked the following questions: "The AB
Simon Lester 31 Jan 2016 2 min read

Cecilia Malmstrom on the Precautionary Principle and TTIP

From a speech by EU trade commissioner Cecilia Malmstrom: I'd like to talk about three benefits in particular but the theme of today's event is the precautionary principle, so let me say a few words about that first. * As a starting point, it's good
Simon Lester 28 Jan 2016 2 min read

New Appellate Body Appointment

From the WTO: The DSB agreed with the Chairman’s proposal for appointment/reappointment of Appellate Body members. In particular, it agreed to launch a selection process for one position in the Appellate Body to replace Ms Yuejiao Zhang, whose second four-year term of office will expire on 31 May
Simon Lester 27 Jan 2016 1 min read

Senator Wyden on the TPP Tobacco Carveout

From Politico: “I pushed very, very, very aggressively for that tobacco provision to be part of this,” Wyden told POLITICO about the carveout that protects tobacco control-related policies from being challenged in investor-state cases. “I have watched the tobacco companies over the years particularly focus on global markets where they
Simon Lester 27 Jan 2016 1 min read

WHY DOES US CVD LEGISLATION MODIFY ARBITRARILY THE WORDING OF WTO PROVISIONS?

I have noticed for a long time that, in the CVD context of determination of injury, the US  national legislation is at odds with the mirror WTO provision. In the US, Section 771(7)(C)(i) of the Act provides that the “Commission shall consider whether the volume of imports
Marc Benitah 26 Jan 2016 1 min read

Donald Trump on the Keystone XL Pipeline

The Obama administration's rejection of the Keystone XL pipeline was controversial; opinions on TransCanada's NAFTA Chapter 11 claim vary. Now Donald Trump has weighed in. You can probably imagine the result. This is from the Toronto Star: Republican presidential front-runner Donald Trump says he would reject
Simon Lester 25 Jan 2016 1 min read

ISDS Lawsuits: Small vs. Big Business

This is from a new paper by Gus Van Harten and Pavel Malysheuski: The sociological legitimacy of investment treaty arbitration, commonly known as investor-state dispute settlement (ISDS), appears to depend in part on an expectation that it benefits smaller businesses, not just large multinationals and the super wealthy. Proposed trade
Simon Lester 25 Jan 2016 2 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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