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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

Iran: Sanctions and Sequencing, Diplomacy and Distrust

Iran's Supreme Leader Khamenei has expressed the view today that all sanctions must be limited simultaneously with the signing or conclusion of a final agreement  This seems in tension certainly with the US fact sheet on the parameters arrived at in Lausanne, as well as possibly with Iran&
Rob Howse 09 Apr 2015 3 min read

Are the Prohibited Subsidies Categories Unsound?

This is from law professor Alan Sykes: The prohibited subsidies categories are unsound As noted, import substitution subsidies and export subsidies are automatically “specific” and prohibited under WTO rules (ASCM Article 3). Neither prohibition makes much economic sense. Import substitution subsidies are those “contingent (in whole or in part) upon
Simon Lester 08 Apr 2015 2 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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