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Big Tobacco's Lobbying on the TTIP

This is from the Independent: The European Commission has been accused of a cover-up after refusing to release details of talks between its officials and the tobacco industry during negotiations over the proposed Transatlantic Trade and Investment Partnership (TTIP) treaty. Corporate lobbying campaigners published documents that revealed the EU’s
Simon Lester 27 Aug 2015 2 min read

A Nationality-Based National Treatment Standard in Investment Law

In response to the recent NAFTA Chapter 11 Bilcon award, Canada, Mexico and the U.S. all made submissions in the ongoing Mesa arbitration, offering their views on the Bilcon reasoning. One issue they all addressed was whether the national treatment standard covers only nationality-based discrimination: * Canada: "As Canada
Simon Lester 24 Aug 2015 2 min read

A Novel DSU Article 22.6 Arbitration Argument

This is from the U.S. written submission in the COOL DSU Article 22.6 arbitration between the U.S. and Canada (DS384), although Mexico's argument in the parallel DS386 proceeding is referenced too: 118. Both Canada and Mexico's Methodology Papers add to the alleged trade
Simon Lester 20 Aug 2015 1 min read

COOL Retaliation and the Tuna Appeal

As we await the TPP conclusion, not to mention the inevitable Donald Trump position paper on trade policy (I'm setting the over/under at 20 WTO violations -- place your bets!), there are some interesting WTO disputes going on. First, there is the COOL retaliation litigation.  Canada asked
Simon Lester 18 Aug 2015 1 min read

TTIP and the Iran Deal: European Business Should Be Protected Against US Unilateral Sanctions

In the debate over the Iran deal among US legislators, high-profile enemies such as New York Senator Charles Schumer attack the Administration's suggestion that the one alternative to this agreement is war-bombing Iran's nuclear facilities.  Such critics hold out that continued or perhaps intensified sanctions could
Rob Howse 14 Aug 2015 4 min read

Shaping the Pacific Alliance

Readers may be interested in a new blog, Shaping the Pacific Alliance, which aims to contribute to discussion about the Pacific Alliance, an integration scheme comprising Chile, Colombia, Mexico and Peru. The blog provides a platform for governmental and intergovernmental communities to engage with civil society, academics and industry in
Tania Voon 12 Aug 2015 1 min read

How Strong is TransCanada's NAFTA Chapter 11 Case?

A couple months ago, I mentioned the possibility of a NAFTA Chapter 11 claim by TransCanada related to the failure to approve the Keystone XL pipeline. I'm not sure why this issue suddenly made headlines again the other day, but here is something from Bloomberg: A two-decade old
Simon Lester 10 Aug 2015 4 min read

Why Obama Has Already Delivered on Iran-a Response to Alan Dershowitz

Relatively few well-known legal academics have waded into the debate over the Iran deal.  Alan Dershowitz is a notable exception. He has published an e-book against the deal, for one thing.  Here, I'm not responding to that but instead his recent oped in USA today http://usat.ly/
Rob Howse 10 Aug 2015 3 min read

Why Congress Can't Block the Iran Deal

Even if there are enough votes to override President Obama's veto of the Congressional resolution disapproving the Iran deal, Congress's disapproval may mean little in terms of the future of the deal.  While contrary to the conventional wisdom, including that of many US supporters of the
Rob Howse 08 Aug 2015 3 min read

Senator Charles Schumer: Incoherence and Confusion on Iran

New York Senator Charles Schumer has taken a stance against the Iran deal. https://medium.com/@SenSchumer/my-position-on-the-iran-deal-e976b2f13478 Predictable some will say; disappointing, others will moan.  But Schumer's statement defending his position is a must-read.  Schumer says that his overall judgment is that, in relation to the key
Rob Howse 06 Aug 2015 2 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

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