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The CAFTA Labor Complaint Against Guatemala

The U.S. complaint against Guatemala for failure to enforce labor laws -- mentioned here -- seems to be going forward.  The first U.S. written submission is now online here.  Here's an excerpt: 2. This submission demonstrates that Guatemala has breached its obligation under Article 16.2.
Simon Lester 06 Nov 2014 4 min read

COULD WTO "AUTHENTIC" TEXTS IN THE THREE OFFICIAL LANGUAGES CONTAIN A TRANSLATION ERROR ?

According to Article XVI:6 of WTO Agreement, the texts of the WTO Agreements are authentic in each of the three WTO official languages. What happens then when an Appellate Body’s interpretation made on the basis of the English text of an Agreement is unsustainable on the basis on
Marc Benitah 05 Nov 2014 2 min read

What Will Republicans Do on Trade with Control of Congress?

The big, and not unexpected, news of yesterday is that Republicans now control both houses of Congress, for the first time since 2006.  One thing this will do is help the GOP to set the agenda on trade policy and trade negotiations. So what will they do with their newfound
Simon Lester 05 Nov 2014 1 min read

Nit-Picky Comment on India - Agricultural Products

This is from the recent panel report in India - Agricultural Products: 7.791. In its panel request, the United States claimed that India acted inconsistently with Annex B(5)(a) to (5)(d) because it failed to, inter alia, identify the parts of its AI measures which, in substance,
Simon Lester 31 Oct 2014 1 min read

The Role of the EU and the Member States in Trade Policy

From the European Commission: The Commission decided today to request an opinion of the EU Court of Justice on the competence to sign and ratify a trade agreement with Singapore. Commissioner De Gucht said: 'I have been saying for months that we need to clarify the interpretation of the
Simon Lester 31 Oct 2014 1 min read

Trade Law Case Notes

From the Leuven Centre for Global Governance Studies and Oxford University Press: Dear colleagues, We are writing to invite you to join an exciting new project undertaken by the Leuven Centre for Global Governance Studies and Oxford University Press. The Oxford Reports on International Law (ORIL) brings together decisions on
Simon Lester 31 Oct 2014 2 min read

WTO Legal Jobs Available

As you may have heard, WTO dispute settlement is getting pretty busy these days, which explains why the WTO Secretariat is looking for lawyers to work on these cases: -- Grade 9 lawyers (at least 8 years experience) -- Grade 7 lawyers (at least 3 years experience) There are positions
Simon Lester 31 Oct 2014 1 min read

Who Should Be Able To Sue a Government in an International Tribunal?

As this blog's readers all know, under most investment treaties and investment chapters of trade agreements, foreign investors can sue a host government directly in an international tribunal, based on various obligations imposed on the government (fair and equitable treatment, etc.). For those who support this system, I&
Simon Lester 29 Oct 2014 1 min read

Reliving the Loewen NAFTA Case: Is a Court Ruling a Measure?

Following up on the post yesterday regarding U.S. government documents relating to the Loewen NAFTA case, turns out there was a lot of repetition in those documents.  The main substantive issue was whether court rulings constitute "measures," and how the U.S. should approach this issue as
Simon Lester 28 Oct 2014 2 min read

Clinton Era Trade Documents

Previously confidential documents from the Clinton era are being released now and then.  I'm keeping an eye out for items that relate to international economic law.  Here are two recent ones from the Loewen NAFTA case: http://www.clintonlibrary.gov/assets/storage/Research-Digital-Library/formerlywithheld/batch7/2010-0021-F-1.pdf http:
Simon Lester 27 Oct 2014 1 min read

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AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 4 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

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