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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

The TPP Drafter’s Note on Interpretation of “In Like Circumstances”

The TPP "Drafter’s Note on Interpretation of 'In Like Circumstances'" is here. In paragraph 2, it says:  "Articles II.4 [NT] and II.5 [MFN] do not prohibit all measures that result in differential treatment. Rather, they seek to ensure that foreign investors or
Simon Lester 05 Nov 2015 1 min read

The TPP Minimum Wage Provision

Here's another obscure TPP issue I've been following: Will there be a requirement that TPP countries adopt a minimum wage? Article 19.3 of the labor chapter says the following: 2. Each Party shall adopt and maintain statutes and regulations, and practices thereunder, governing acceptable conditions
Simon Lester 05 Nov 2015 1 min read

The TPP Tobacco Carveout

The TPP text is now available here, among other places.  My understanding is that this is not the "legally scrubbed" text, but it should be virtually identical to the final version. Analyzing the TPP should keep us all busy for the next year or so.  I'll
Simon Lester 05 Nov 2015 2 min read

The TPP Revealed

Now that the TPP text is out, as Simon said, it's time to start talking about it! The Global Economic Law Network (GELN) is hosting the TPP Revealed workshop at Melbourne Law School in one week, on Friday 13 November 2015. At this one day workshop, experts will
Tania Voon 05 Nov 2015 1 min read

The European Union's Competence in Trade Negotiations

Here is the European Commission's request for an ECJ opinion on the issue of who has competence to sign and conclude the EU-Singapore FTA (with implications for CETA and future trade agreements): Request for an opinion submitted by the European Commission pursuant to Article 218(11) TFEU
Simon Lester 03 Nov 2015 1 min read

The TPP Text: Coming Soon?

Inside US Trade reports that the TPP countries are "aiming to make public" the final TPP text "before the end of this week": One source close to the negotiations said he now expected the text to be released on Friday (Nov. 6) ... The text that will
Simon Lester 03 Nov 2015 1 min read

Keystone XL Update

Apparently, TransCanada has suspended its application for a permit for the Keystone XL pipeline.  Here's the WSJ: The company behind the Keystone XL pipeline on Monday asked the U.S. government to suspend its permit application, throwing the politically fraught project into an indefinite state of limbo, beyond
Simon Lester 03 Nov 2015 1 min read

Talking TPP

There is going to be lots of discussion about the TPP in the coming months. This event at the International Law Institute looks like it will be a good one:   PROGRAM:       The conference will discuss the Trans-Pacific Partnership (TPP) from a variety of perspectives - the Executive and Congressional branches,
Simon Lester 03 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.
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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.
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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.
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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.
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