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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

Shaping the Pacific Alliance

Readers may be interested in a new blog, Shaping the Pacific Alliance, which aims to contribute to discussion about the Pacific Alliance, an integration scheme comprising Chile, Colombia, Mexico and Peru. The blog provides a platform for governmental and intergovernmental communities to engage with civil society, academics and industry in
Tania Voon 12 Aug 2015 1 min read

How Strong is TransCanada's NAFTA Chapter 11 Case?

A couple months ago, I mentioned the possibility of a NAFTA Chapter 11 claim by TransCanada related to the failure to approve the Keystone XL pipeline. I'm not sure why this issue suddenly made headlines again the other day, but here is something from Bloomberg: A two-decade
Simon Lester 10 Aug 2015 4 min read

Why Obama Has Already Delivered on Iran-a Response to Alan Dershowitz

Relatively few well-known legal academics have waded into the debate over the Iran deal.  Alan Dershowitz is a notable exception. He has published an e-book against the deal, for one thing.  Here, I'm not responding to that but instead his recent oped in USA today http:
Rob Howse 10 Aug 2015 3 min read

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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.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in 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."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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