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How Will the Tobacco Carveout Affect the Congressional TPP Vote?

This is from Inside US Trade: The Campaign for Tobacco-Free Kids, a U.S. anti-smoking group, is actively lobbying Democratic members of Congress hoping to sway them in support of the Trans-Pacific Partnership (TPP) based on the argument that the agreement's tobacco carveout is a
Simon Lester 18 Jan 2016 2 min read

The GOP Candidates Talk Trade Policy

Have you been following the U.S. presidential primaries? I don't recommend it. They are kind of awful. However, last night's GOP debate did have a bright spot or two related to trade. After the usual bluster by one candidate, and some mangled nonsense from another,
Simon Lester 15 Jan 2016 1 min read

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

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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