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The Tobacco Carveout: What About E-Cigarettes?

Here's another paragraph from the Inside US Trade article on the tobacco ISDS carveout that I mentioned the other day: The U.S. has proposed to define a tobacco control measure as one relating to the production or consumption of manufactured tobacco products, their distribution, labeling, packaging, wrapping,
Simon Lester 05 Oct 2015 1 min read

The TPP Is Done! Almost!

From the NY Times: The United States and 11 other Pacific Rim nations on Monday agreed to the largest regional trade accord in history, a potentially precedent-setting model for global commerce and worker standards that would tie together 40 percent of the world’s economy, from Canada and Chile
Simon Lester 05 Oct 2015 1 min read

Stiglitz on TPP--Does He Have any Economic Arguments?

At Project Syndicate, Joseph Stiglitz and Adam Hersh have a critique of TPP.  I suppose it was optimistic of me to expect to see concerns about lost jobs or trade diversion--topics that could be illuminated by someone with Stiglitz' enormous skill.  But the critiques were more in the
Trachtman 04 Oct 2015 1 min read

Here's Why Trade Law Interpretation Is So Hard and "Gap-Filling" Is Inevitable

From Inside US Trade: The United States and Australia have jointly developed a text proposal on the exclusivity term for biologics medicines and overnight began showing it to other Trans-Pacific Partnership (TPP) countries in an effort to build support, in a move that is raising optimism that negotiators can
Simon Lester 04 Oct 2015 1 min read

WTO Panel Report on Argentine “Sanctions” Against Panama Tax Haven

Now here is an interesting panel report that came out Wednesday, Sept. 30. Can a WTO member (here, Argentina) impose “defensive measures” against countries not sharing tax information (here, Panama)? The “defensive measures” had to do with capital gains, income tax, transfer pricing rules and rules on capital and re-
Joost Pauwelyn 02 Oct 2015 3 min read

The Policy and Politics of an ISDS Tobacco Carveout

Inside US Trade reports from the TPP negotiations: The U.S. proposal on tobacco tabled here would give countries the option to prevent tobacco companies from challenging tobacco control measures under investor-state dispute settlement (ISDS), using a concept that already exists under the U.S. investment model called "
Simon Lester 02 Oct 2015 3 min read

WTO Complaints About Discrimination Against Other Countries

Todd Tucker has been blogging about the recently circulated Argentina - Financial Services (DS453) panel report (see here, here, and here), based on a claim by Panama against Argentina, and he has some good general background and some exploration of the nuances. There's lots to talk about in this
Simon Lester 02 Oct 2015 3 min read

Denying "Scandalous" Trademark Registrations

This is from the Strong Language blog, which bills itself as "A sweary blog about swearing" (in the excerpt below, I've deleted the controversial words from this family friendly blog!): Under the federal trademark statute, trademarks that are found to be “scandalous” can’t be registered
Simon Lester 30 Sep 2015 1 min read

The Pre-History of ISDS

This is the intro of a new article by history professor Ben Coates, in the Journal of American History: On July 28, 1904, the gunboat Bolívar arrived in Guanoco, in northeastern Venezuela. It carried a contingent of Venezuelan soldiers with instructions to seize the property of the New York and
Simon Lester 30 Sep 2015 1 min read

What Should Trade Negotiators Negotiate About?

Maybe trade negotiators could negotiate about this: State and municipal governments in the United States each year offer some $80 billion in tax breaks and other subsidies to encourage large companies to do what they would do regardless — invest in new plants, office space and equipment in the hopes of
Simon Lester 28 Sep 2015 2 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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