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The Paris Climate Change Draft Treaty: Where Are the Dispute Settlement Provisions?

The global climate change conference in Paris has adopted the draft of an international treaty aimed at transforming the world's fossil fuel-driven economy within decades and slowing the pace of global warming to well below 2 degrees Celsius. Many consider this text as “historic” and  according to
Marc Benitah 13 Dec 2015 1 min read

Cool Arbitrator Finds That Only Lost Trade Is “Recoverable” Not Broader Economic Harm Suffered By Canada/Mexico

The December 7 retaliation decision in US - COOL includes a finding of great systemic importance to the trading system. When a country is the victim of a WTO violation, what “damages” are “recoverable”? We all know that the WTO never awards cash. The closest it gets is to put a
Joost Pauwelyn 10 Dec 2015 3 min read

The COOL Retaliation Decision

Recall that in the U.S. - COOL arbitration proceeding over the amounts of suspension of concessions: Canada asked for $2.41 billion in retaliation; the U.S. has countered with $43.22 million. ... Mexico wants $713 million; the U.S. countered with $47.55 million The Arbitrator's decision
Simon Lester 07 Dec 2015 1 min read

Burden of Proof for Less Favorable Treatment under TBT Agreement Article 2.1

This is from the recent AB 21.5 report in Tuna: 7.32 ... Under Article 2.1, ... a complainant must show that, under the technical regulation at issue, the treatment accorded to imported products is less favourable than that accorded to like domestic products or like products originating in any
Simon Lester 07 Dec 2015 1 min read

More on Free Trade in Canadian Beer

What is it with Canadian provincial restrictions on internal trade in beer? I blogged about one issue here. Now there's this: On Tuesday, the Alberta budget included an overall five per cent liquor tax increase on top of the 10 per cent increase introduced by the former Tory
Simon Lester 04 Dec 2015 1 min read

Discriminatory Measures and Perfect Measures

This is from the U.S. statement at yesterday's DSB meeting, commenting on the Tuna 21.5 panel and Appellate Body reports: Panels and the Appellate Body should not make their conception of the “perfect” measure the enemy of all the possible good ones. In pursuing legitimate objectives,
Simon Lester 04 Dec 2015 1 min read

From ISDS to ICS

From the European Commission: The European Union and Vietnam today finalised talks for a free trade agreement (FTA), marking the end of the negotiating process. After the agreement in principle reached in August, today’s announcement follows the successful resolution of the few remaining issues on the table. ... Vietnam has
Simon Lester 02 Dec 2015 1 min read

Detrimental Impact in the Less Favorable Treatment Analysis

With the AB's recent Tuna 21.5 report in mind, I think it's fair to say that the focus when analyzing less favorable treatment tends to be on the "stems exclusively from a legitimate regulatory distinction" element.  I agree that this element is crucial,
Simon Lester 02 Dec 2015 3 min read

A Few Thoughts on the AB's Tuna 21.5 Report

I am not as critical as Rob of the AB's Tuna 21.5 report, but I do have some concerns. Let me set them out briefly. First, the Appellate Body said the following about the standard it applies under TBT Article 2.1: 7.153. We have already
Simon Lester 29 Nov 2015 3 min read

Does the Appellate Body Need a Senior Judicial Officer?

A result like that in the recent Tuna/Dolphin 21.5 proceeding, on which I blogged here early this week http://worldtradelaw.typepad.com/ielpblog/2015/11/the-tunadolphin-appellate-body-215-ruling-a-decision-that-could-threaten-the-integrity-and-efficiency-of-wto-dispute-settl.html, necessarily focuses attention
Rob Howse 26 Nov 2015 3 min read

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Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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