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Legitimate Regulation or Disguised Protectionism: Plastic Bag Bans

Clearly, this French ban on single use plastic bags is a legitimate regulation, right? As of 1 July this year, the distribution of “single-use plastic bags”, defined as bags thinner than 50 microns (0.05 millimetres), will be banned at shop tills. “And on 1 January 2017 the second
Simon Lester 04 Apr 2016 1 min read

A Modest Proposal: Trade Related Interests in Gun Rights

This seems like the appropriate day* to unveil a proposal I have for a new WTO agreement on trade and gun rights. Given what is already covered by WTO rules, I don't see why it should be controversial. Recall that the TRIPS Agreement protects intellectual property rights, but
Simon Lester 01 Apr 2016 2 min read

More ISDS Discussion at Cato

Last week, I mentioned an ISDS event we will be having at Cato to talk about Lauge Poulsen's new book. We also have one coming up next week entitled “Investment Treaty Reform: The European Perspective,” with Rupert Schlegelmilch, Director of Services and Investment, Intellectual Property and Public Procurement
Simon Lester 31 Mar 2016 1 min read

Investment Complaints vs. Trade Complaints, by Respondent States

This chart from UNCTAD shows the top respondent states in investment disputes: And this table from WorldTradeLaw.net shows the top respondent states in WTO disputes: United States 126 EC/EU 82 China 34 India 23 Argentina 22 Canada 18 Brazil 16 Korea 16 Japan 15 Australia/Mexico 14 What,
Simon Lester 29 Mar 2016 1 min read

Protection of Foreign Investors under the German Constitution

This is from the EFILA blog: It has been argued that ISDS would not be necessary between developed States. ISDS would grant foreign investors additional rights and treat them better than domestic investors. That is – at least for Germany – not correct. And that is not due to an extraordinary high
Simon Lester 29 Mar 2016 1 min read

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
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 of e-
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
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

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International Economic Law and Policy Blog

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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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