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GATT Article XX Exceptions to the TPP TBT Chapter

As far as I know, no responding party ever invoked GATT Article XX as a defense to a claim of violation of the TBT Agreement (although it would have been fun if they had), but given the various statements the Appellate Body has made recently on the interpretation of both
Simon Lester 16 Nov 2015 1 min read

Guest Post on Argentina - Financial Services

This is a guest post by trade lawyer Adarsh Ramanujan:“Treatment no less favourable” –Article II:1, GATS and Article 2.1, TBT Pursuant to Simon’s earlier post about the appeal filed by Panama in Argentina – Financial Services, I noticed that one of the grounds of appeal relates to
Simon Lester 13 Nov 2015 3 min read

The TPP Process for Composing Dispute Settlement Panels

If we want trade agreements to be enforceable, there needs to be a dispute settlement process that functions. The WTO process works well because you have a Secretariat and a Director-General to oversee it.  By contrast, as I understand things, NAFTA Chapter 20 has broken down in the panelist
Simon Lester 13 Nov 2015 2 min read

SIEL 2016 Conference Call for Papers Deadline Extended

From the SIEL: The Society of International Economic Law has extended until November 20 the deadline to submit paper and panel proposals for its 2016 conference, which will be held from 7-9 July in Johannesburg at the University of the Witwatersrand.  The extended call for papers is here.
Simon Lester 12 Nov 2015 1 min read

PEPA/SIEL Call for Papers

From PEPA/SIEL: 5th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL) 2016 Luxembourg, 14-15 April 2016 Organised by PEPA/SIEL in collaboration with the Research Unit in Law of the University of Luxembourg SIEL’s Postgraduate and Early
Simon Lester 12 Nov 2015 1 min read

Passing of John Jackson

This is from Peter Van den Bossche: The passing of John Jackson leaves us with a feeling of tremendous loss. So many of us owe John so much! He was our teacher, mentor, inspirator, colleague and friend and never ceased to encourage, support and advise us throughout our career. We
Simon Lester 09 Nov 2015 1 min read

Passing of John Jackson

The sad news today that Professor John Jackson has passed brings back memories of all of his scholarly and professional contributions to international trade law, to the GATT, to the WTO, and to trade scholars and practitioners.  I very much cherished his friendship and have missed him in the past
Charnovitz 08 Nov 2015 1 min read

The Keystone XL Rejection

On Friday, President Obama announced the rejection of Canadian company TransCanada's application to build the Keystone XL pipeline.  He offered a brief explanation here. I'm puzzled by his explanation.  The first reason he gave is that the pipeline would not have created as many jobs as
Simon Lester 08 Nov 2015 2 min read

NAFTA vs. TPP ISDS

Following up on my post from last week, just to clarify, I didn't meant to suggest there is a conflict between NAFTA ISDS and TPP ISDS. I wasn't thinking about conflicts at all. (Although I also don't mean to suggest there is no conflict.
Simon Lester 08 Nov 2015 1 min read

Trade Damages vs. Investment Damages in TPP ISDS

This is from Ted Posner, who left it as a comment, but I'm putting it in a separate post: My comment concerns the relationship between "investment damages" and "trade damages." Take a look at article 9.28.2 of the newly released TPP text.
Simon Lester 08 Nov 2015 1 min read

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Featured

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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