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What's the Status of the Doha Round after Nairobi?

This is from Indian trade lawyer R.V. Anuradha: It is in this context that the Nairobi Ministerial Declaration’s admission of dissonance in the WTO membership on the ‘Doha mandate’ assumes greater significance. This dissonance is presented in the text of the declaration which records what “many Members” versus
Simon Lester 13 Jan 2016 1 min read

The TPP's Chances in Congress

If President Obama's mention of the TPP in the State of the Union address falls flat in Congress, and most people pretend they didn't hear it, will we hear the sound of Congress passing the TPP any time soon? This is from Inside US Trade: Members
Simon Lester 13 Jan 2016 1 min read

Is TransCanada's NAFTA Chapter 11 Claim "Frivolous"?

This is from Inside US Trade: One business source said the Keystone ISDS claim definitely complicates the TPP approval process, but should be “manageable.” This source said the administration will likely fight back against criticism by arguing that the Keystone claim is frivolous and by highlighting the changes it secured
Simon Lester 10 Jan 2016 1 min read

Call for Papers: Adjudicating International Trade and Investment Disputes: Between Interaction and Isolation

PluriCourts, at the University of Oslo Faculty of Law, has issued a call for papers for a conference on "Adjudicating International Trade and Investment Disputes: Between Interaction and Isolation" (more details at the links): CALL FOR PAPERS Adjudicating international trade and investment disputes: between interaction and isolation The
Simon Lester 10 Jan 2016 2 min read

TransCanada Will File a NAFTA ISDS Claim

From TransCanada's press release: TransCanada Corporation ... announced today it has filed a Notice of Intent to initiate a claim under Chapter 11 of the North American Free Trade Agreement (NAFTA) in response to the U.S. Administration's decision to deny a Presidential Permit for the Keystone
Simon Lester 06 Jan 2016 2 min read

10 Years of Blogging

10 years, man! 10 years! That's how long it has been since Joel did the first post (Tomer had the first comment).  It was on the EU GMO ban, and the EU's failure to comply with its WTO obligations.  What are the chances this issue will
Simon Lester 06 Jan 2016 1 min read

Presidential Candidates Threatening To Violate International Economic Law Obligations

You may have heard that there's this leading U.S. Presidential candidate making threats to violate U.S. international economic law obligations.  Yes, that one, but also this one: Hillary Clinton signaled a willingness to hold as "leverage" the patents of American companies keeping assets overseas
Simon Lester 05 Jan 2016 1 min read

The Indian Model BIT

Recall that a while back, I talked about a new draft Indian model BIT.  As Investment Arbitration Reporter explains, India now has a final version of this model BIT.  IA Reporter has the complete rundown; I'm just going to mention briefly the general exceptions clause.  In the draft
Simon Lester 05 Jan 2016 1 min read

Does the TPP Tobacco Carveout Allow for Discriminatory Measures?

Recall that the TPP tobacco carveout says this: Article 29.5: Tobacco Control Measures12 A Party may elect to deny the benefits of Section B of Chapter 9 (Investment) with respect to claims challenging a tobacco control measure13 of the Party. Such a claim shall not be submitted to arbitration
Simon Lester 03 Jan 2016 2 min read

Is TTIP-Light Enough?

At the outset of the TTIP talks, people were talking up regulatory issues as the most important part.  But perhaps it was just too much to deal with, at least in such a short period of time.  Can everyone accept a "TTIP Light"?  This is from Inside US
Simon Lester 30 Dec 2015 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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