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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

Antidumping in the TPP

This is from trade lawyer Luiz Eduardo  Salles: The TPP text has been made public. The text is yet subject to legal scrubbing by the signatories, but this version should be nearly identical to the finally authenticated text. There is great excitement with the TPP given the potentially novel disciplines
Simon Lester 08 Nov 2015 1 min read

NAFTA ISDS and TPP ISDS

One issue I've been wondering about for a while is how TPP ISDS will interact with NAFTA ISDS (and ISDS in other FTAs between the TPP parties).  For example, if a Canadian investor in the U.S. wants to bring an investment claim, what would its options be
Simon Lester 05 Nov 2015 1 min read

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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

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in 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."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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