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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
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

Regulating Pesticides

This is from an article on the EU regulation of certain pesticides, in the latest issue of the Economist: MORE herbicides contain glyphosate, a weedkilling chemical, than any other agent. Monsanto, an agricultural giant, first sold Roundup, a product containing the stuff, to farmers in the 1970s. Since then use
Simon Lester 08 Mar 2016 2 min read

Trade in Everything: Lion Hunting Services

From the Washington Post a few weeks ago: They call it canned hunting. South African ranchers breed lions in captivity, from cubs to adults, then release them just after the arrival of a hunter who pays about $15,000 for a kill. Sometimes the animal is drugged to make it
Simon Lester 08 Mar 2016 1 min read

1990s Paul Krugman vs. Today's Paul Krugman

Back in the 1990s, I remember enjoying Paul Krugman's writings about trade policy and globalization.  But now he writes things like this: After all, doesn’t everyone know that protectionism causes recessions? Actually, no. There are reasons to be against protectionism, but that’s not one of them.
Simon Lester 06 Mar 2016 2 min read

The New Investment Appellate Court Will Have Remand

This is from Article 8.28, para. 2 of CETA: 2. The Appellate Tribunal may uphold, modify or reverse a Tribunal's award based on: (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant
Simon Lester 02 Mar 2016 1 min read

Will the New Investment Court Be Used?

Todd Weiler is worried that the EU proposals for an investment court -- now in both the (yet-to-be-ratified) CETA and EU-Viet Nam FTA -- could lead to restrictive interpretations that make it too hard to win cases: The changes could lead to a tribunal that is seldom used,
Simon Lester 02 Mar 2016 1 min read

A Graphic Depiction of CETA ISDS

Here is what @Trade_EU posted on twitter to help illustrate the new CETA ISDS: Not surprisingly, this graphic is getting rave reviews on twitter! I've seen (or offered myself) comments on the canoe, the bunny rabbits, the raccoon hat, the squirrel, the mustachioed Canadian who looks like
Simon Lester 02 Mar 2016 1 min read

The Right to Regulate Provision in EU Investment Chapters

In the EU proposal for an investment chapter in TTIP, there is a provision on the "right to regulate" that seemed confusing to me, and certainly not as strong as a real exception.  At the same time, some people apparently worried it was too strong. It looks like
Simon Lester 01 Mar 2016 1 min read

Canada Agrees to the EU's Investment Court System

Apparently, Canada has agreed to amend the CETA investment provisions, to include the EU's new investment court. Here is the EU summary of the changes: Background The most important elements of the revised CETA investment chapter are the following: Investment protection The revised CETA text includes a new
Simon Lester 29 Feb 2016 3 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in 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."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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