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Is it Ratification of the TPP or Not?

Monday (February 15, 2016) , a new investor-state hearing began here in Toronto. This was the opening of the Windstream case. Though I seldom comment on these proceedings, especially as I’ve participated in quite a number of these investor-state cases, and their hearings, this opening, at least with
Alan Alexandroff 17 Feb 2016 2 min read

Tom Bollyky on the TPP Tobacco Carveout

CFR Senior Fellow, and former USTR official, Tom Bollyky makes the case for the tobacco carveout from ISDS in the TPP. Here's an excerpt, but read the whole thing: The Obama Administration has done itself a disservice by not making the basis for the tobacco carve-out clearer.
Simon Lester 17 Feb 2016 3 min read

More on those TPP Economic Estimates

A couple days ago, I briefly expressed skepticism about the economic estimates being offered up related to the TPP (see also here). Working independently, but with similar ideological priors, here's my Cato colleague Dan Ikenson offering more detailed thoughts: With apologies to my trade economist friends, anyone who
Simon Lester 17 Feb 2016 1 min read

Dani Rodrik on TPP Economic Estimates

This is from economist, and trade skeptic (to some extent), Dani Rodrik: The bottom line is that neither side’s models generate numbers reliable enough on which a case for or against the TPP can be made. I'm a lot more pro-trade than Dani Rodrik is, but
Simon Lester 15 Feb 2016 1 min read

Trade Barriers to Facebook

In India: India's telecoms regulator has blocked Facebook's Free Basics internet service app as part of a ruling in favour of net neutrality. The scheme offered free access to a limited number of websites. However, it was opposed by supporters of net neutrality who argued that
Simon Lester 15 Feb 2016 1 min read

Will Someone Please File a WTO Complaint against New Zealand?

In my daily trade news reading, I was surprised to come across this sentence: [New Zealand] has not lost a dispute at the WTO in 20 years. Can that really be true, I thought?  Luckily, there's a web site that tracks these things, so I looked up the
Simon Lester 12 Feb 2016 1 min read

Project Coordinator, TradeLab – International Economic Law (Trade and/or Investment)

From TradeLab: POSITION VACANT Project Coordinator, TradeLab – International Economic Law (Trade and/or Investment) Georgetown University School of Foreign Service in Qatar, together with the Graduate Institute of International and Development Studies in Geneva, the University of Arizona, Qatar University School of Law and a number of international partners, is
Simon Lester 12 Feb 2016 3 min read

The Ministerial Decision on Export Competition

Can anyone enlighten me on how the obligation to eliminate export subsidies on agricultural products in articles 6 and 7 of the Ministerial decision on Export Competition  WT/MIN(15)/45 — WT/L/980  (https://www.wto.org/english/thewto_e/minist_e/mc10_e/l980_e.htm  ) fits into
Brett Williams 10 Feb 2016 1 min read

How Are Aliens Treated in Domestic Courts?

From a post at the EFILA blog: An investor in a Host State court is automatically an alien, advancing a claim in a foreign court automatically places the investor at a disadvantage of itself. This seems like an assertion that could be studied empirically. How are aliens treated in domestic
Simon Lester 09 Feb 2016 1 min read

ISDS Transparency, But Only for Torontonians

There's an interesting NAFTA Chapter 11 claim going on related to wind energy. As Lise Johnson explains in Investment Arbitration Reporter: The NAFTA Chapter 11 case relates to an offshore wind energy project being developed as part of Ontario’s Feed-in-Tariff (FIT) Program. Windstream claims to
Simon Lester 09 Feb 2016 1 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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