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Appeals of Article 22.6 Arbitration Decisions

Last week, in a post about a systemic issue involving the calculation of the level of nullification or impairment in an Article 22.6 proceeding, Joost said:  "as systemic as this finding is, 22.6 arbitration reports cannot be appealed. Is this, however, not the kind of finding one
Simon Lester 17 Dec 2015 2 min read

I Keep Hearing that the WTO Negotiating Function is Broken ...

... but then I see this: More than 50 members of the World Trade Organisation on Wednesday concluded the biggest tariff-reduction deal in almost two decades, eliminating restrictions on the $1.3tn trade of 201 IT products. Wednesday’s expansion of the 1996 Information Technology Agreement will increase global gross domestic
Simon Lester 17 Dec 2015 1 min read

Justice Florentino Feliciano

I was saddened to hear of the passing of Justice Florentino Feliciano, one of the members of the original WTO Appellate and a distinguished international jurist.  Toy brought his brilliant and razor-sharp mind to whatever task he had and was at his best in harmonizing differing bodies of international law
Charnovitz 15 Dec 2015 1 min read

Senator Cruz on Promoting Imports of Medical Products That Have Been Approved Abroad

Here's something from an op-ed by Senator, and Presidential hopeful, Ted Cruz, making the case for legislation he is co-sponsoring: ... as scientists and investors abandon the U.S., the FDA continues to prevent life-saving drugs from coming into the country. Take, for example, the multiple-sclerosis drug Lemtrada, which
Simon Lester 15 Dec 2015 1 min read

Trump-State Dispute Settlement

This is from the Washington Post, in the context of an article about how Donald Trump's recent statements are affecting his business activities: In the longer term, however, Trump could face problems. There have already been several worrisome harbingers for the Republican presidential candidate. This week, a major
Simon Lester 15 Dec 2015 1 min read

The Paris Climate Change Draft Treaty: Where Are the Dispute Settlement Provisions?

The global climate change conference in Paris has adopted the draft of an international treaty aimed at transforming the world's fossil fuel-driven economy within decades and slowing the pace of global warming to well below 2 degrees Celsius. Many consider this text as “historic” and  according to Mr
Marc Benitah 13 Dec 2015 1 min read

Cool Arbitrator Finds That Only Lost Trade Is “Recoverable” Not Broader Economic Harm Suffered By Canada/Mexico

The December 7 retaliation decision in US - COOL includes a finding of great systemic importance to the trading system. When a country is the victim of a WTO violation, what “damages” are “recoverable”? We all know that the WTO never awards cash. The closest it gets is to put
Joost Pauwelyn 10 Dec 2015 3 min read

The COOL Retaliation Decision

Recall that in the U.S. - COOL arbitration proceeding over the amounts of suspension of concessions: Canada asked for $2.41 billion in retaliation; the U.S. has countered with $43.22 million. ... Mexico wants $713 million; the U.S. countered with $47.55 million The Arbitrator's
Simon Lester 07 Dec 2015 1 min read

Burden of Proof for Less Favorable Treatment under TBT Agreement Article 2.1

This is from the recent AB 21.5 report in Tuna: 7.32 ... Under Article 2.1, ... a complainant must show that, under the technical regulation at issue, the treatment accorded to imported products is less favourable than that accorded to like domestic products or like products originating in any
Simon Lester 07 Dec 2015 1 min read

More on Free Trade in Canadian Beer

What is it with Canadian provincial restrictions on internal trade in beer? I blogged about one issue here. Now there's this: On Tuesday, the Alberta budget included an overall five per cent liquor tax increase on top of the 10 per cent increase introduced by the former Tory
Simon Lester 04 Dec 2015 1 min read

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International Economic Law and Policy Blog

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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