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Will TTIP be "Light"?

This is from Inside US Trade: U.S. Secretary of Commerce Penny Pritzker and German Economic Minister Sigmar Gabriel on Monday (April 25) each blamed the other side for holding up progress in the Transatlantic Trade and Investment Partnership negotiations, with Gabriel charging the U.S. with intransigence on government
Simon Lester 02 May 2016 3 min read

Can Trade Agreements Change Domestic Laws?

This is from EU Trade Commissioner Cecilia Malmström: It begs to be said, again and again: No EU trade agreement will ever lower our level of protection of consumers, or food safety, or of the environment. Trade agreements will not change our laws on GMOs, or how to produce safe
Simon Lester 02 May 2016 1 min read

Maybe Purpose Can Be Part of Non-Discrimination After All

Reading further in the Argentina - Financial Services AB report, maybe I was getting all worked up over nothing.  After seeming to say that "regulatory aspects" of the measure cannot be considered as a separate step in the conditions of competition/treatment no less favorable analysis, the AB then
Simon Lester 29 Apr 2016 1 min read

Determining a Measure's Purpose

We had so much fun talking about discriminatory purpose last week, I thought I'd bring up the subject again.  This time, I want to focus on exactly how one might evaluate a measure's legitimacy, which you may or may not think involves a determination as to
Simon Lester 29 Apr 2016 7 min read

Regulating "Healthy" Cigarettes

From The Economist: TOBACCO companies specialise in contradiction. They herald the decline of smoking among youngsters, for example, then flaunt their sales to callow puffers. The most skilled contortionist in the industry may be Philip Morris International, the world’s biggest tobacco firm. To date, any good news for shareholders
Simon Lester 26 Apr 2016 1 min read

Section 337 Case on "Unfair and Illegal Practices Affecting Steel Sector"

This is a bold new case against steel imports: United Steelworkers (USW) International President Leo W. Gerard issued the following statement today in support of a new petition filed by United States Steel Corporation (U.S. Steel) under Section 337 of the Tariff Act of 1930. The petition was filed
Simon Lester 26 Apr 2016 2 min read

Guest Post: Treaty Interpretation Issues in Mesa v. Canada

This is a guest post from Mona Pinchis on the Mesa v. Canada NAFTA Chapter 11 decision On March 24, 2016, a decision was rendered in the Mesa Power Group LLC v Canada dispute. The Government of Canada released the decision a few days ago, including a concurring and dissenting
Simon Lester 24 Apr 2016 5 min read

Foreign Investment Opportunities for Marijuana

From the Washington Post: The Canadian government announced Wednesday that it will introduce legislation next year to decriminalize and legalize the sale of marijuana, making Canada the first G7 country to permit widespread use of the substance. Some Canadians are ready to make money off this: Already, Ontario’s provincial
Simon Lester 22 Apr 2016 1 min read

Hillary Clinton on ISDS

Todd Tucker picks apart Hillary Clinton's recent statements on ISDS ("With respect to the flawed ISDS provisions in TPP – which I even wrote about in my book – I think we need to have a new paradigm for trade agreements that doesn’t give special rights to corporations
Simon Lester 22 Apr 2016 1 min read

Tobacco Regulation in India

First, there is the issue of health warnings: India's health ministry has ordered government agencies to enforce a new rule for bigger health warnings on cigarette packs, stepping up a fight against the country's $10 billion cigarette industry that has shut down its factories in protest.
Simon Lester 19 Apr 2016 1 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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