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Clarifying Something

I recently came across this: According to US trade lawyer Simon Lester, dispute settlement between states under the TPP or TTIP would then require them to invoke their rights within the WTO and seek the jurisdiction of the WTO’s dispute settlement understanding (DSU). However, the right to invoke the
Simon Lester 29 Jul 2015 1 min read

Regulating Pharmaceutical Prices

From the NY Times: Cost transparency bills [for pharmaceuticals] have also been introduced in California, Massachusetts, North Carolina, Oregon and Pennsylvania. Three of the bills require disclosures for drugs costing $10,000 or more per year. The others have different criteria. Besides development costs, some of the bills would require
Simon Lester 29 Jul 2015 1 min read

Using Your Economic Power for Good and/or for Profit

This is from Charles Kenny and Sarah Dykstra of the Center for Global Development: Use US trade and investment treaties to foster greater gender equality in the workplace. US bilateral trade and investment treaties frequently contain language about labor laws and working conditions. For instance, US bilateral investment treaties include
Simon Lester 29 Jul 2015 2 min read

Government Loans Tied to Buying the Lender's Products

Todd Tucker points me to this from the NY Times: Shut out from borrowing in traditional markets, Ecuador turned to China to fill the void. PetroChina, the government-backed oil company, lent Petroecuador $1 billion in August 2009 for two years at 7.25 percent interest. Within a year, more
Simon Lester 26 Jul 2015 1 min read

Free Trade under the Canadian Constitution

Just recently, I wondered why Canada needs an Agreement on Internal Trade.  Doesn't, or at least shouldn't, its constitution provide for internal free trade?  Well, it appears that someone has decided to push this issue in Canadian courts: A man whose drive from New Brunswick to
Simon Lester 26 Jul 2015 1 min read

UNSW Post-Doc Fellowship

This is from the University of New South Wales (UNSW): The CIBEL (China International Business and Economic Law) Post-Doctoral Research Fellowship is an opportunity for early career researchers of exceptional calibre who have completed their doctorate (PhD or SJD) in the last five years to undertake research in a
Simon Lester 26 Jul 2015 1 min read

Computer software, video game consoles, printer ink cartridges, GPS devices, MRI machines and next generation semiconductors

These are some of new information technology (IT) products covered by the newly struck expanded version of the WTO IT Agreement.  This is what the WTO head said:  “Annual trade in these 201 products is valued at over $1.3 trillion per year, and accounts for approximately 7% of total
Sungjoon Cho 24 Jul 2015 1 min read

COOL Down Under

Australia will have mandatory country of origin labelling for food soon: Australia will introduce mandatory country-of-origin food labeling from 2016, Prime Minister Tony Abbott said on Tuesday, a move given impetus by a hepatitis outbreak earlier in the year blamed on contaminated berries from China. Under the new
Simon Lester 22 Jul 2015 1 min read

The "Right to Regulate"

It should be obvious to long-time readers that I am concerned about policy space and regulatory autonomy under trade and investment agreements.  However, I have doubts that the "right to regulate" is a good way to describe the issue: Talk of "rights" can be unproductive
Simon Lester 21 Jul 2015 1 min read

Person to Government Dispute Settlement in Canada

This is from Canada's Premiers (a group made up of Canada’s 13 provincial and territorial Premiers.) Premiers also announced the coming into force of an improved Person-to-Government dispute settlement process under the Agreement on Internal Trade (AIT). The new dispute process includes the introduction of
Simon Lester 21 Jul 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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