International Economic Law and Policy Blog
  • Home
  • About
  • WorldTradeLaw.net
Sign in Subscribe

The Peru - Agricultural Duties Appeal: Lots of International Law

For all you international law lovers out there, here are some excerpts from the notice of appeal in Peru - Agricultural Products, filed last week: I. The Panel Erred in Law by Failing to Find that Guatemala Acted Inconsistently with Its Good Faith Obligations under DSU Articles 3.7 and 3.
Simon Lester 30 Mar 2015 2 min read

"Don't Use Facebook" as a Measure

This is from the Guardian: The European Commission has warned EU citizens that they should close their Facebook accounts if they want to keep information private from US security services, finding that current Safe Harbour legislation does not protect citizen’s data. The comments were made by EC attorney Bernhard
Simon Lester 30 Mar 2015 1 min read

State-State as an Alternative to Investor-State

Getting back to academic discussions, here's more from Freya Baetans on ISDS: Four possible alternatives to the inclusion of ISDS in TTIP are frequently mentioned. The first would be to opt for state-to-state arbitration. However, such an option would hardly be preferable, as it will invariably
Simon Lester 26 Mar 2015 3 min read

The Leaked TPP Investment Chapter: Minimum Standard of Treatment Issues

Here's the minimum standard of treatment provision in the leaked TPP investment chapter (which is basically the same as the U.S. model BIT): Article II.6: Minimum Standard of Treatment 14 1. Each Party shall accord to covered investments treatment in accordance with applicable customary international law
Simon Lester 26 Mar 2015 1 min read

The Leaked TPP Investment Chapter: National Treatment Issues

WikiLeaks has posted the Jan 20, 2015 version of the TPP investment chapter. The NY Times reports here.  I'm going to do two short posts, one on national treatment and one on the minimum standard of treatment.  Here's the national treatment provision: Article II.4: National
Simon Lester 26 Mar 2015 1 min read

The CAFTA Labor Panel: Due Process Issues

In the U.S. - Guatemala CAFTA labor case, there's also a really interesting issue about the use of witness statements as evidence.  Here are some excerpts from a panel ruling issued on Feb 26: 9. However, Guatemala’s letter to the panel of that same day raised new
Simon Lester 25 Mar 2015 5 min read

The U.S. Rebuttal Submission in the CAFTA Labor Case: In a Manner Affecting Trade

The U.S. - Guatemala CAFTA labor case is heating up.  I'm going to raise the "in a manner affecting trade" issue once again. Recall that CAFTA Article 16.2.1(a) says: A Party shall not fail to effectively enforce its labor laws, through a sustained
Simon Lester 25 Mar 2015 2 min read

Even Stricter Seal Products Bans

From the CBC (via Lawrence Friedman): A woman from Corner Brook is learning about the high cost of fashion after she was fined US $250 on Monday for trying to cross the border with a sealskin purse. In early March, Nora Fitzgerald and her friend decided to drive across the
Simon Lester 25 Mar 2015 1 min read

More from the Draft Indian Model BIT: Exceptions

Here's one more provision from that draft Indian model BIT: Chapter V – Exceptions Article 16: General Exceptions 16.1 Nothing in this Treaty precludes the Host State from taking actions or measures of general applicability which it considers necessary with respect to the following, including: (i) protecting public
Simon Lester 25 Mar 2015 1 min read

Indian Reforms to Minimum Standard of Treatment and National Treatment

The draft Indian model BIT (PDF is here), which I just heard about (from Mona Pinchis), has some new language on minimum standard of treatment: Chapter II: Obligations of Parties Article 3: Standard of Treatment 3.1 Each Party shall not subject Investments of Investors of the other Party to
Simon Lester 24 Mar 2015 2 min read

Sign up for email notifications

jamie@example.com
Subscribe

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

Topics

2008 Presidential Election

25 posts

2012 Republican Primary

6 posts

2020 Democratic Primary

22 posts

2020 Presidential Campaign

6 posts

2024 Presidential Campaign

9 posts

2024 Republican Primary

9 posts

AI

1 post

Announcements

30 posts

Appellate Body

72 posts

CAFTA

5 posts

CETA

8 posts

Currency Disputes

60 posts

Development

23 posts

Digital Trade

64 posts

Domestic Trade Powers

10 posts

Dormant Commerce Clause

3 posts

DSU 25 Interim Appeals

43 posts

DSU Article 11

13 posts

Economic Integration

8 posts

Economic Statecraft

12 posts

EU-China Trade Relations

3 posts

EU-UK Trade Negotiation

5 posts

Exceptions

19 posts

Exchange Rates

7 posts

Export Restrictions

13 posts

Food Aid

5 posts

Foreign Investment

21 posts

FTA Negotiations

14 posts

FTAs - General

22 posts

Gambling Dispute

52 posts

Global Governance

9 posts

Globalization

13 posts

Government Procurement

5 posts

Green Steel Deal

14 posts

IEEPA

9 posts

IEL in Domestic Courts

20 posts

Indo-Pacific Economic Framework

5 posts

Industrial Policy

21 posts

Investor-State Arbitration

93 posts

Jamieson Greer

19 posts

Katherine Tai

66 posts

NAFTA

19 posts

NAFTA Chapter 11

15 posts

NAFTA Chapter 19

5 posts

National Security

38 posts

Non Appeal Pact

3 posts

Non-Discrimination Standards

64 posts

Non-Market Economies

7 posts

Non-Violation Nullification or Impairment

19 posts

Precedent

25 posts

Public Views of Trade

10 posts

Robert Lighthizer

19 posts

Russia Trade Sanctions

17 posts

Sanctions

15 posts

Section 301

20 posts

Sovereignty

12 posts

SPS/TBT

5 posts

Standards of Review

7 posts

State Enterprises

13 posts

Sub-National Trade Issues

5 posts

Subsidies

84 posts

Terms of Trade Manipulation

7 posts

Trade Agreements

24 posts

Trade and Competition

14 posts

Trade and Development

21 posts

Trade and Environment

119 posts

Trade and Health

20 posts

Trade and Human Rights

9 posts

Trade and Income Inequality

1 post

Trade and Intellectual Property

28 posts

Trade and Labor

29 posts

Trade and Peace

4 posts

Trade and Security

36 posts

Trade and the Stock Market

2 posts

Trade Balance

14 posts

Trade in Everything

65 posts

Trade in Services

21 posts

Trade Law and International Law

10 posts

Trade Preferences/GSP

23 posts

Trade Remedies

65 posts

Trans Pacific Partnership

10 posts

Trump Administration

63 posts

U.S. Trade Policy

32 posts

U.S. Trade Politics

63 posts

US-China Trade Relations

29 posts

USMCA

20 posts

USMCA Dispute Settlement

34 posts

USMCA Sunset/Review Clause

25 posts

USTR

16 posts

WTO - General

28 posts

WTO Accessions

8 posts

WTO Disputes

178 posts

WTO DS Reform

13 posts

WTO Jurisprudence

28 posts

WTO Negotiations

32 posts

Zeroing

29 posts
Powered by Ghost