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Passing of John D. Greenwald

Sadly, I take note of the passing of John Greenwald on September 1 after a short illness.  John was one of the world's leading experts on trade remedies and US trade law and was perhaps the finest and most likable  trade lawyer in private practice in Washington, DC.
Charnovitz 03 Sep 2015 1 min read

The Transparency Debate in Trade Negotiations

I have a short piece in Bridges Africa on the debate about transparency in trade negotiations.  Here's an excerpt: ... we should expect transparency to a greater extent than it currently exists, but it should be transparency of a different kind than trade critics are demanding. In this regard,
Simon Lester 03 Sep 2015 2 min read

It's the gefilte fish, stupid.

Turns out that Hillary Clinton's emails included an interesting trade dispute with Israel under the US-Israel FTA.  Israel had blocked a shipment of Asian carp, as it apparently was permitted to do.  But the US exporters seem to have gotten their way through the lobbying channel.  I
Trachtman 01 Sep 2015 1 min read

Is the Keystone Pipeline Permit about to be Denied?

From the Financial Post: As if conditions in Canada’s oilpatch weren’t bad enough, more pain could flow north from Washington, D.C., before the Labour Day long weekend, when President Barack Obama is expected to finally deny a permit to the Keystone XL pipeline. The latest in the
Simon Lester 30 Aug 2015 1 min read

Original Meaning and Canadian Free Trade

I may be the only non-Canadian following this "free trade under the Canadian constitution" case, but it's really kind of fascinating. Here's a report of some testimony from the hearing: A professor of political history testifying at a hearing over the right to
Simon Lester 30 Aug 2015 1 min read

Big Tobacco's Lobbying on the TTIP

This is from the Independent: The European Commission has been accused of a cover-up after refusing to release details of talks between its officials and the tobacco industry during negotiations over the proposed Transatlantic Trade and Investment Partnership (TTIP) treaty. Corporate lobbying campaigners published documents that revealed the EU’
Simon Lester 27 Aug 2015 2 min read

A Nationality-Based National Treatment Standard in Investment Law

In response to the recent NAFTA Chapter 11 Bilcon award, Canada, Mexico and the U.S. all made submissions in the ongoing Mesa arbitration, offering their views on the Bilcon reasoning. One issue they all addressed was whether the national treatment standard covers only nationality-based discrimination: * Canada: "As
Simon Lester 24 Aug 2015 2 min read

A Novel DSU Article 22.6 Arbitration Argument

This is from the U.S. written submission in the COOL DSU Article 22.6 arbitration between the U.S. and Canada (DS384), although Mexico's argument in the parallel DS386 proceeding is referenced too: 118. Both Canada and Mexico's Methodology Papers add to the alleged trade
Simon Lester 20 Aug 2015 1 min read

COOL Retaliation and the Tuna Appeal

As we await the TPP conclusion, not to mention the inevitable Donald Trump position paper on trade policy (I'm setting the over/under at 20 WTO violations -- place your bets!), there are some interesting WTO disputes going on. First, there is the COOL retaliation litigation.  Canada asked for
Simon Lester 18 Aug 2015 1 min read

TTIP and the Iran Deal: European Business Should Be Protected Against US Unilateral Sanctions

In the debate over the Iran deal among US legislators, high-profile enemies such as New York Senator Charles Schumer attack the Administration's suggestion that the one alternative to this agreement is war-bombing Iran's nuclear facilities.  Such critics hold out that continued or perhaps intensified
Rob Howse 14 Aug 2015 4 min read

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A law of many meanings: Exchange Actions under the GATT and IMF

Earlier this week, Simon Lester posted about the EU’s concerns with the undervaluation of the Chinese currency. He situated the recent demands for trade restrictions against a longstanding debate about the function of GATT Article XV:4.
25 Jun 2026 7 min read

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

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