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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

Discriminatory Measures and Perfect Measures

This is from the U.S. statement at yesterday's DSB meeting, commenting on the Tuna 21.5 panel and Appellate Body reports: Panels and the Appellate Body should not make their conception of the “perfect” measure the enemy of all the possible good ones. In pursuing legitimate objectives,
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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AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

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

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