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The TPP Tobacco Carveout

The TPP text is now available here, among other places.  My understanding is that this is not the "legally scrubbed" text, but it should be virtually identical to the final version. Analyzing the TPP should keep us all busy for the next year or so.  I'll
Simon Lester 05 Nov 2015 2 min read

The TPP Revealed

Now that the TPP text is out, as Simon said, it's time to start talking about it! The Global Economic Law Network (GELN) is hosting the TPP Revealed workshop at Melbourne Law School in one week, on Friday 13 November 2015. At this one day workshop, experts will
Tania Voon 05 Nov 2015 1 min read

The European Union's Competence in Trade Negotiations

Here is the European Commission's request for an ECJ opinion on the issue of who has competence to sign and conclude the EU-Singapore FTA (with implications for CETA and future trade agreements): Request for an opinion submitted by the European Commission pursuant to Article 218(11) TFEU (Opinion
Simon Lester 03 Nov 2015 1 min read

The TPP Text: Coming Soon?

Inside US Trade reports that the TPP countries are "aiming to make public" the final TPP text "before the end of this week": One source close to the negotiations said he now expected the text to be released on Friday (Nov. 6) ... The text that will
Simon Lester 03 Nov 2015 1 min read

Keystone XL Update

Apparently, TransCanada has suspended its application for a permit for the Keystone XL pipeline.  Here's the WSJ: The company behind the Keystone XL pipeline on Monday asked the U.S. government to suspend its permit application, throwing the politically fraught project into an indefinite state of limbo, beyond
Simon Lester 03 Nov 2015 1 min read

Talking TPP

There is going to be lots of discussion about the TPP in the coming months. This event at the International Law Institute looks like it will be a good one:   PROGRAM:       The conference will discuss the Trans-Pacific Partnership (TPP) from a variety of perspectives - the Executive and Congressional branches,
Simon Lester 03 Nov 2015 1 min read

Panama Appeals the Argentina - Financial Services Panel Report

The notice of appeal is here. Panama, the complainant, "won" the case, but ended up with a finding that did not achieve its goals, so it appealed. This is potentially one of the most interesting GATS cases I've seen.  It is sort of like the counterpart
Simon Lester 30 Oct 2015 1 min read

More Tit for Tat WTO Disputes

I know that at least two of you readers out there have been keeping an eye on tit for tat WTO disputes.  Here's another. On May 7 of this year, Russia requested consultations with Ukraine in Ukraine - Anti-Dumping Measures on Ammonium Nitrate . And now on October 21,
Simon Lester 28 Oct 2015 1 min read

Counterclaims in TPP ISDS

This is from the explanation of TPP ISDS by the New Zealand Ministry of Foreign Affairs and Trade: The safeguards in TPP, which protect the New Zealand Government’s right to regulate and which seek to prevent unwarranted ISDS claims, include: ... The Government is expressly permitted to make a counterclaim
Simon Lester 28 Oct 2015 1 min read

Can Protectionism Promote a Cleaner Environment?

Here's the abstract of an article by law professor Timothy Meyer: International negotiations struggle to keep pace with global problems like climate change. To fill this gap, local governments increasingly take matters into their own hands. For example, to promote the benefits of clean energy, a local government
Simon Lester 26 Oct 2015 2 min read

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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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