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Trade Polling

Generally speaking, I don't think much of the polling done on trade issues.  The questions are too vaguely worded to tell us much.  So, I'm never sure what to make of news reports like this one: Most Americans say they support new trade deals, according to
Simon Lester 31 May 2015 2 min read

More Plain Packaging

This time from Norway: Norway’s Ministry of Health and Care Services has proposed the imposition of a requirement for all tobacco products to be sold in standardized packaging, according to a World Trade Organization notification. It has not been decided when the measure should be adopted or when it
Simon Lester 31 May 2015 5 min read

Financial University Organizes Conference on Russia and the WTO

On 19-20 May 2015, the Financial University of the Russian Federation held its first international conference on the topic of "WTO Law in the Legal System of the Russian Federation: Problems of Application and Teaching."  To my knowledge, this was the first international legal conference held to
Charnovitz 25 May 2015 2 min read

TPA is Half Done

The Senate half is done.  From Reuters: President Barack Obama scored a major victory on Friday when the U.S. Senate voted to give him "fast-track" powers that would help wrap up negotiations on a 12-nation Pacific Rim trade deal central to projecting American influence in
Simon Lester 24 May 2015 2 min read

Plain Packaging Litigation is Everywhere

Now it's in the UK and EU: Two of the world's biggest tobacco companies have challenged the legality of the UK government's plain packaging regulations. British American Tobacco and Philip Morris filed legal objections at the High Court in London on Friday. They claim
Simon Lester 24 May 2015 2 min read

Long Liberalization Periods

This is from "The Puzzle of Agricultural Exceptionalism in International Trade Policy", by Michael Trebilcock and Kristen Pue: ... Hence, in explaining the resilience of the agricultural sector to efforts to liberalize trade in agricultural products we are left with a rather untidy amalgam of some elements of normative
Simon Lester 24 May 2015 1 min read

Norway's Draft Model BIT

Norway has just published a new draft model BIT. It offers some explanations here.  Here are some of my thoughts on a few of the provisions. First up, national treatment: ARTICLE [3] NATIONAL TREATMENT 1. Each Party shall accord to investors of the other Party and to their investments, treatment
Simon Lester 20 May 2015 3 min read

Madrid Arbitration Day on WTO/ISDS

If you are in or near Madrid, there is an interesting seminar on the WTO and investment arbitration, this Friday, May 22.  Details here and here: Policy development challenges with WTO dispute settlement and international arbitration: why is the interface between trade and investment relevant from a political, economic and
Simon Lester 20 May 2015 1 min read

The COOL Article 21.5 AB Report

It is here.  No big changes from the panel report: still a violation of TBT Article 2.1, and still no violation of TBT Article 2.2.  Next up on the agenda, most likely, is an arbitration over the proper amount of retaliation. I'm trying to sort out
Simon Lester 18 May 2015 2 min read

Debating ISDS

I've organized an ISDS debate over at Cato Unbound.  We have Jason Yackee and me as critics, and John Veroneau and Ingrid Persson as supporters.  We each write essays, and then respond to each other's points.  So far we have essays up there from me and
Simon Lester 14 May 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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