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An ISDS Lawsuit on Marijuana Taxation/Regulation?

This is from Vox: ... Due to a section of the tax code known as 280E, many state-legal marijuana businesses have to pay taxes on basic expenses like rent, employee salaries, and utility bills — unlike other legal businesses, which are allowed to deduct these types of expenses.For some businesses,
Simon Lester 14 May 2015 1 min read

Airline Subsidies

As the current trade negotiating agenda struggles along, both at the multilateral and mega-regional levels, perhaps there are some government actions out there that could provide the basis for productive new negotiations.  One area that always gets me fired up is subsidies:  agriculture subsidies and export credits are big
Simon Lester 13 May 2015 2 min read

Canada's Submission in the WTO Plain Packaging Dispute

Someone sent me Canada's third party submission in the WTO plain packaging dispute.  I checked with a friend who works for the Canadian government, and he said it was fine to post it, so here it is.  Here's an excerpt: 42. A finding of a right
Simon Lester 13 May 2015 1 min read

Senator Warren on ISDS

From a Washington Post interview with Senator Elizabeth Warren: You can’t envision even in theory a way to structure ISDS that would assuage your concerns? WARREN: Once a group of independent arbiters, whose decisions cannot be appealed, can issue a money judgment of any size, then the ISDS problem
Simon Lester 11 May 2015 1 min read

President Obama on ISDS

It's kind of incredible to see a U.S. President talking about an issue as technical as ISDS.  Check it out at 10:48 and 19:10 of this video.  Putting aside the argument about whether ISDS is good or bad, I think he is making a mistake
Simon Lester 11 May 2015 2 min read

Benefit and Market in the AB Feed-In Tariff Report

I'm at the BIICL WTO conference, which has me thinking about a good discussion last year of the Appellate Body's ruling on "benefit" in the Canada - Feed-In Tariff case (see prior posts here and here).  As I recall, there were two people on
Simon Lester 07 May 2015 4 min read

New ISDS Concepts and Texts

EU Trade Commissioner Cecilia Malmström has just announced some new ideas on ISDS, set out in this concept paper.  One of the ideas is to move investment arbitration towards being a real "international investment court."  Along the same lines, here are some ideas coming from Germany, which also
Simon Lester 05 May 2015 3 min read

She Sells Seychelles by the Shore of Lake Geneva

Just for fun, I've been reading the Working Party Report related to the recent Seychelles accession to the WTO (and yes, I am available to come to the Seychelles and give WTO training courses to government officials, in case they are looking for someone).  I saw three items
Simon Lester 05 May 2015 2 min read

CALL FOR PAPERS - Joint ASIL-ESIL-Max Planck Scholarship Workshop, "The Future of Transatlantic Economic Governance in the Age of the BRICS"

From the ASIL/ESIL/Max Planck: On 11-12 December 2015, the International Economic Law Interest Groups of the American and European Societies of International Law, together with the Max Planck Institute for Comparative Public Law and International Law, will hold a joint works-in-progress workshop in Heidelberg, Germany.
Simon Lester 05 May 2015 1 min read

The TPP and Tobacco: More on the Carveout

Law profs Sergio Puig and Greg Shaffer want to get tobacco out of the TPP: The Obama administration is poised to finalize the Trans-Pacific Partnership (TPP) agreement. If Congress passes the current trade promotion authority bill, the TPP will become subject to a simple up or down vote, without
Simon Lester 01 May 2015 2 min read

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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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