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Investor-State Tribunals as Courts of Appeal

This is from Canada's counter-memorial submission in the Eli Lilly NAFTA Chapter 11 case: 213. First, Article 1105(1) requires the NAFTA Parties to accord to investors and their investments the customary international law minimum standard of treatment of aliens. That standard, as has been overwhelmingly affirmed
Simon Lester 10 Feb 2015 2 min read

Trade in Everything: Medical Marijuana Without the High

Even though marijuana has been legalized here and there, it may be a while before it is traded internationally.  But what if there is a new kind of marijuana, one that relieves pain without the high?  This is from the Washington Post: In a greenhouse in the mountains of the
Simon Lester 10 Feb 2015 1 min read

Implementing the Seal Products Decision

The European Commission has put forward a proposal for implementing the WTO Seal Products decision. Here's the Commission's summary of the proposal: With regard to the MRM exception, the contested discriminatory treatment can only be remedied by removing the MRM exception from the Basic Regulation as
Simon Lester 08 Feb 2015 2 min read

The CAFTA Labor Complaint: "in a manner affecting trade between the Parties”

As discussed here, one key issue in the U.S. claim against Guatemala under the CAFTA labor provisions is whether that failure to enforce labor laws was done "in a manner affecting trade between the Parties."  In its written submission, Guatemala criticizes the U.S. view of this
Simon Lester 05 Feb 2015 2 min read

The CAFTA Labor Dispute: Guatemala's Submission

USTR has posted Guatemala's first written submission in the labor complaint the U.S. brought against Guatemala. (Thanks to Ryan Rainey of Inside US Trade for the tip).  There are some interesting issues in there.  I'll mention a couple. Role of precedent from other areas of
Simon Lester 04 Feb 2015 3 min read

Call for Papers: Sociological Inquiries into International Law II (Toronto, 9-10 October 2015)

Call for Papers Sociological Inquiries into International Law II 9-10 October 2015 Workshop Theme A growing community of scholars is bringing international law into conversation with sociological research and theory. Major developments over the past years have come from studies across all subfields of international law, from human rights
Sungjoon Cho 04 Feb 2015 3 min read

Is International Law under Assault?

Over at Opinio Juris, there's a post about a new book by Jens David Ohlin, called The Assault on International Law. Here's the publisher's description: International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it?
Simon Lester 02 Feb 2015 4 min read

IS BAN ON FOIE GRAS AN INGREDIENT OR A PROCESS REQUIREMENT?

This blog has previously discussed California’s ban on foie gras. When teaching WTO law at Stanford in 2012 -- the year the ban entered into force -- I even used the ban as my mid-term exam question! Turns out that on January 7, a US district court judge passed summary
Joost Pauwelyn 29 Jan 2015 2 min read

Tell It To the ISDS Judge

This is from UK business secretary Vince Cable, in remarks at a recent cabinet meeting: Cable acknowledged there have been fears and some myths that US corporates would take the UK to secret tribunals unless all services are privatised under TTIP, but he told colleagues that a reformed investor-state
Simon Lester 29 Jan 2015 1 min read

The Tuna Article 21.5 Dispute

You may have forgotten it was even going on, but lingering out there, waiting to be dissected and analyzed, is the Article 21.5 dispute in U.S. - Tuna II.  This should be a very interesting test of whether an environmental measure that affects imports can be implemented in a
Simon Lester 29 Jan 2015 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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 8 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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