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GATT Article XX Exceptions to the TPP TBT Chapter

As far as I know, no responding party ever invoked GATT Article XX as a defense to a claim of violation of the TBT Agreement (although it would have been fun if they had), but given the various statements the Appellate Body has made recently on the interpretation of both
Simon Lester 16 Nov 2015 1 min read

Guest Post on Argentina - Financial Services

This is a guest post by trade lawyer Adarsh Ramanujan:“Treatment no less favourable” –Article II:1, GATS and Article 2.1, TBT Pursuant to Simon’s earlier post about the appeal filed by Panama in Argentina – Financial Services, I noticed that one of the grounds of appeal relates to
Simon Lester 13 Nov 2015 3 min read

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

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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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