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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

The Right to Regulate under CETA

Sweden's National Board of Trade has a new report called "The Right to Regulate in the Trade Agreement between the EU and Canada - and its implications for the Agreement with the USA." There are lots of interesting parts, but I'm going to focus
Simon Lester 26 Oct 2015 2 min read

Marketing the TPP

This is from Greg Ip of the WSJ: ... “behind the border” barriers are politically more sensitive than tariffs because they affect domestic policies, from human rights to how much public health systems pay for drugs. Classical arguments for free trade are also less relevant: a country that grants foreign drug
Simon Lester 23 Oct 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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