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Is the Tuna Case About Imposing Additional Costs on Domestic Producers?

I was struck by this paragraph of the WTO panel report in the Article 21.5 tuna case: 7.197. ... Mexico appears to accept that, as the Appellate Body found, the system currently in place in the ETP fully addresses the risks posed to dolphins by setting on dolphins in
Simon Lester 15 Apr 2015 1 min read

The Tuna/Dolphin 21.5 Decision: An Affront to the Authority of the Appellate Body, A Corruption of the DSU,A Menace to the Legitimacy of the WTO

In its ruling in the Tuna/Dolphin case, US-Tuna II, the WTO Appellate Body found that the role of the United States authorities in ensuring the integrity and honesty of a voluntary industry-based ecolabeling scheme violated the TBT Agreement in one narrow aspect.  The Appellate Body held that
Rob Howse 14 Apr 2015 5 min read

MFN in the ChAFTA

I'm a little confused by this aspect of the China - Australia FTA, still under negotiation: AUSTRALIA'S biggest-ever bilateral trade deal is set to grow much bigger, with China agreeing to a special ratchet clause that will ensure that future benefits conferred to other countries will
Simon Lester 14 Apr 2015 1 min read

The Tuna 21.5 WTO Panel Report

The panel report is out. Here are the key findings: 8.2. With respect to Mexico's claims under Article 2.1 of the TBT Agreement, the Panel concludes that: a. the eligibility criteria in the amended tuna measure do not accord less favourable treatment to Mexican tuna and
Simon Lester 14 Apr 2015 2 min read

Regulatory Space in International Trade and Investment Law

This is from a new paper by Markus Wagner on regulatory space in trade and investment law: The situation with respect to the TBT Agreement has recently been clarified to a certain extent through a number of WTO decisions.  These disputes arose in quick succession after a relative dearth of
Simon Lester 13 Apr 2015 2 min read

Journal of World Investment & Trade Special Issue on ISDS

From the Journal of World Investment & Trade: Since the time that the Calvo doctrine held sway, Latin America’s ambivalent relationship to investor-state dispute settlement has not ceased to elicit discussions and debates and generate a string of scholarly writings. Recently the region’s multiple responses to investment
Simon Lester 13 Apr 2015 3 min read

Could Uber use TTIP ISDS?

If there ever is a TTIP, and if it has ISDS, would Uber have a case against the actions of various EU member states based on this: Uber Technologies Inc., which has faced a mounting regulatory backlash to its rapid growth in Europe, said this week it had filed complaints
Simon Lester 10 Apr 2015 1 min read

Trade and Investment Law Faculty Position at the University of Ottawa

From the University of Ottawa: The Common Law Section invites applications for three tenure-track positions, commencing at the level of Assistant Professor.  A more experienced candidate may be considered for a position at a higher level. Applicants currently employed in legal education elsewhere are encouraged to contact the Dean
Simon Lester 10 Apr 2015 1 min read

Editorial Assistant Position with the JIEL

From the folks at Georgetown Law: Editorial Assistant Position with the Journal of International Economic Law (JIEL)  The Journal of International Economic Law is currently collecting recommendations or applications from persons who might wish to take on the position of Editorial Assistant to the Journal of International Economic Law (JIEL)
Simon Lester 10 Apr 2015 1 min read

For Those Trying to Kill the Iran Deal through Congress the Real Enemy May be Obama not Iran

Let's say those like Bill Kristol and Tom Cotton who are leading the "kill the deal" charge were to get what the say they want: Congress intervenes to make it impossible for the President to conclude a final agreement with Iran. What exactly do the hawks
Rob Howse 10 Apr 2015 4 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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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