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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

Green Industrial Policy, Tariffs, and Domestic Content Requirements

The WTO panel report in India - Solar Cells, circulated last week, triggered some thoughts about green industrial policy, by which I mean government actions to help push us towards the use of cleaner energy. I'm skeptical of all industrial policy, and therefore I'm also skeptical of
Simon Lester 29 Feb 2016 2 min read

INDIA-SOLAR CELLS: THE STRANGE ABSENCE OF THE SCM IN THE US CLAIM

In India-Solar Cells, the United States' first request for consultations was also made (beyond TRIMS and Article III:4 of GATT 94) pursuant to Articles 4 of the SCM prohibiting subsidies contingent about the use of domestic products. However, the United States' second request for consultations was
Marc Benitah 29 Feb 2016 1 min read

The First GATT Article XX(j) Case

From today's India - Solar Cells WTO panel report: 7.202. We note at the outset that the general exception contained in Article XX(j) has never been invoked as a defence before a GATT/WTO dispute settlement panel. Article 3.2 of the DSU directs us to interpret
Simon Lester 24 Feb 2016 1 min read

The "Right to Regulate" and ISDS/ICS

There's an interesting exchange on ISDS/ICS between MEP Bernd Lange and EU Trade Commission Cecilia Malmstrom (the latter is a subscriber-only Inside US Trade document).  I was particularly interested in Commissioner Malmstrom's explanation of the new "right to regulate" provision (discussed here
Simon Lester 24 Feb 2016 1 min read

Update on Regulatory Issues in the TTIP

Inside US Trade reports on the state of regulatory issues in the TTIP: The European Commission has decided to hold off on tabling a revised text on regulator-to-regulator cooperation at the 12th round of Transatlantic Trade and Investment Partnership (TTIP) talks this week, and likely will not come
Simon Lester 23 Feb 2016 1 min read

President Obama on the TPP Tobacco Carveout

From remarks by President Obama yesterday: With respect to tobacco, we said very explicitly in this trade deal that any country that regulates tobacco is not somehow violating trade agreements as long as it’s done fairly, as long as they’re not discriminating against American tobacco companies versus their
Simon Lester 23 Feb 2016 1 min read

Using the Tobacco Carveout

From the National Interest Analysis of the TPP undertaken by Australia: 5. Australia will also lodge a notification, expressly permitted under Article 29.5, electing to prevent any and all Investor-State Dispute Settlement (ISDS) challenges to Australia’s tobacco control measures under the TPP. No word on whether Australia
Simon Lester 22 Feb 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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