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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

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The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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