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Panama Appeals the Argentina - Financial Services Panel Report

The notice of appeal is here. Panama, the complainant, "won" the case, but ended up with a finding that did not achieve its goals, so it appealed. This is potentially one of the most interesting GATS cases I've seen.  It is sort of like the counterpart
Simon Lester 30 Oct 2015 1 min read

More Tit for Tat WTO Disputes

I know that at least two of you readers out there have been keeping an eye on tit for tat WTO disputes.  Here's another. On May 7 of this year, Russia requested consultations with Ukraine in Ukraine - Anti-Dumping Measures on Ammonium Nitrate . And now on October 21,
Simon Lester 28 Oct 2015 1 min read

Counterclaims in TPP ISDS

This is from the explanation of TPP ISDS by the New Zealand Ministry of Foreign Affairs and Trade: The safeguards in TPP, which protect the New Zealand Government’s right to regulate and which seek to prevent unwarranted ISDS claims, include: ... The Government is expressly permitted to make a counterclaim
Simon Lester 28 Oct 2015 1 min read

Can Protectionism Promote a Cleaner Environment?

Here's the abstract of an article by law professor Timothy Meyer: International negotiations struggle to keep pace with global problems like climate change. To fill this gap, local governments increasingly take matters into their own hands. For example, to promote the benefits of clean energy, a local government
Simon Lester 26 Oct 2015 2 min read

The Right to Regulate under CETA

Sweden's National Board of Trade has a new report called "The Right to Regulate in the Trade Agreement between the EU and Canada - and its implications for the Agreement with the USA." There are lots of interesting parts, but I'm going to focus on
Simon Lester 26 Oct 2015 2 min read

Marketing the TPP

This is from Greg Ip of the WSJ: ... “behind the border” barriers are politically more sensitive than tariffs because they affect domestic policies, from human rights to how much public health systems pay for drugs. Classical arguments for free trade are also less relevant: a country that grants foreign drug
Simon Lester 23 Oct 2015 1 min read

SIEL Call for Papers

From the SIEL: Call for Papers: Society of International Economic Law and University of Luxembourg, Fifth PEPA/SIEL Conference. SIEL’s Postgraduate and Early Professionals/Academics Network (PEPA/SIEL) and the Research Unit in Law of the University of Luxembourg are pleased to announce that the fifth PEPA/SIEL Conference
Simon Lester 23 Oct 2015 1 min read

Mediation Instead of Dispute Settlement?

From the WTO: Nigeria announced its intention to request a mediation process regarding Mexico’s import measures on hibiscus flowers. According to Nigeria, Mexico requires verification of plant health certificates for consignments of hibiscus flowers, a plant commonly used in beverages, resulting in delays of up to six weeks. Mexico,
Simon Lester 20 Oct 2015 1 min read

Trudeaumania!

Back when I lived in Geneva, a Canadian friend was explaining Trudeaumania to me.  Pierre Trudeau was this charismatic political leader, apparently, who was kind of like a rock star in Canada.  Just for fun, I said something along the lines of, "so he was like the Canadian version
Simon Lester 20 Oct 2015 2 min read

The Tobacco Non-Carve-out (Carve-in?)

When the TPP text is made public, no doubt lots of people will explore in excruciating detail each and every word of the "carve-out" of tobacco from the investment provisions.  Until then, we can talk about the reductions in tariffs on tobacco products, set out here by
Simon Lester 19 Oct 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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