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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

Will the EU Grant China Market Economy Status?

This is from the FT: Washington has warned Brussels against granting China ‘market economy status’, saying the long-sought trade concession could hamper efforts to prevent Chinese companies flooding US and European markets with unfairly cheap goods. ... US officials have warned EU counterparts that granting Beijing MES would amount to
Simon Lester 30 Dec 2015 1 min read

How High Were Tariffs Before the GATT?

In various papers I've written, I'm sure I have made the point that prior to the GATT, world tariffs were around 40%, and the GATT/WTO brought them down from there to much lower levels.  I suspect others have done the same. But Chad Bown and
Simon Lester 23 Dec 2015 1 min read

Philip Morris Loses its ISDS Plain Packaging Case against Australia

Investment Arbitration Reporter has the scoop: A tribunal at the Permanent Court of Arbitration has issued a decision dismissing a high-profile case between cigarette multinational Philip Morris and the Commonwealth of Australia. The PCA website indicates that a Decision on Jurisdiction and Admissibility was issued on December 17, 2015.
Simon Lester 17 Dec 2015 1 min read

Appeals of Article 22.6 Arbitration Decisions

Last week, in a post about a systemic issue involving the calculation of the level of nullification or impairment in an Article 22.6 proceeding, Joost said:  "as systemic as this finding is, 22.6 arbitration reports cannot be appealed. Is this, however, not the kind of finding one
Simon Lester 17 Dec 2015 2 min read

I Keep Hearing that the WTO Negotiating Function is Broken ...

... but then I see this: More than 50 members of the World Trade Organisation on Wednesday concluded the biggest tariff-reduction deal in almost two decades, eliminating restrictions on the $1.3tn trade of 201 IT products. Wednesday’s expansion of the 1996 Information Technology Agreement will increase global gross
Simon Lester 17 Dec 2015 1 min read

Justice Florentino Feliciano

I was saddened to hear of the passing of Justice Florentino Feliciano, one of the members of the original WTO Appellate and a distinguished international jurist.  Toy brought his brilliant and razor-sharp mind to whatever task he had and was at his best in harmonizing differing bodies of international
Charnovitz 15 Dec 2015 1 min read

Senator Cruz on Promoting Imports of Medical Products That Have Been Approved Abroad

Here's something from an op-ed by Senator, and Presidential hopeful, Ted Cruz, making the case for legislation he is co-sponsoring: ... as scientists and investors abandon the U.S., the FDA continues to prevent life-saving drugs from coming into the country. Take, for example, the multiple-
Simon Lester 15 Dec 2015 1 min read

Trump-State Dispute Settlement

This is from the Washington Post, in the context of an article about how Donald Trump's recent statements are affecting his business activities: In the longer term, however, Trump could face problems. There have already been several worrisome harbingers for the Republican presidential candidate. This week, a major
Simon Lester 15 Dec 2015 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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