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To Perform (Comply) or Pay, That’s the Question!

The recent deal (settlement) between the United States and Brazil to end the long-standing cotton dispute has stirred up (old) controversy in the nature of WTO remedies, and more broadly the nature of the WTO itself: is the WTO a mere “contract” or something more than that, say, a “legal
Sungjoon Cho 09 Oct 2014 2 min read

Fixing ISDS vs. Excluding Tobacco Control from ISDS

Back in 2012, I argued against a carve out of tobacco from trade and investment rules, saying this: Let’s turn now to the argument, made by many critics of the current system, that existing trade rules that go beyond protectionism undermine national sovereignty, including the ability to regulate, and
Simon Lester 08 Oct 2014 4 min read

Tobacco Plain Packaging in India

This is a guest post from trade lawyer Adarsh Ramanujan: In a very interesting development in India relating to the plain packaging of tobacco products, the High Court of Allahabad (State of Uttar Pradesh) recently ordered that the Government of India "must consider to implement" the plain packaging
Simon Lester 05 Oct 2014 3 min read

TTIP Hurdles

I have a short Cato paper discussing how the TTIP could actually get done, despite a few big hurdles it is facing. I tried to be optimistic, maintain a positive outlook, and suggest a way forward. However, I should note that what I hear from people who actually are insiders
Simon Lester 02 Oct 2014 2 min read

CETA, Investment Obligations, and Public Debt

This is from the officially released CETA text (p. 184): Annex X: Public Debt 1. No claim that a restructuring of debt issued by a Party breaches an obligation under Sections [Non-Discriminatory Treatment, Investment Protection] may be submitted to, or if already submitted continue in, arbitration under Section 6 [Investor-State
Simon Lester 01 Oct 2014 1 min read

Does CETA Violate WTO Obligations? How About NAFTA Chapter 11?

This is from the U.S. dairy industry: The text of the European Union-Canada Comprehensive Economic and Trade Agreement (CETA) released at the end of last week contains provisions on geographical indications (GIs) and reallocates a portion of the World Trade Organization tariff rate quota for cheese to the EU.
Simon Lester 01 Oct 2014 1 min read

Trade Liberalization and Tobacco Control

I've heard it suggested that opening up developing country tobacco markets to foreign competition will mean lower prices and greater consumption.  But is that true?  This article calls this into question: For more than two decades, public health scholars and proponents have demonstrated concern about the negative effects
Simon Lester 01 Oct 2014 1 min read

Interesting New Publication by the WTO: The History and Future of the World Trade Organization

For those of you who may have missed this interesting free new publication by the WTO, I point out " The History and Future of the World Trade Organization" by Craig VanGrasstek. It can be downloaded HERE for free as PDF. I looked through it, and I was surprised
Marc Benitah 29 Sep 2014 1 min read

Cecilia Malmstrom on ISDS

I've been watching the confirmation hearing for Cecilia Malmström as the next EU trade commissioner.  It was really very interesting.  Much more detailed questions and answers than we usually see in U.S. congressional hearings. She suggested that she was open to the possibility of excluding ISDS from
Simon Lester 29 Sep 2014 2 min read

Do We Need More Appellate Body Members?

From WTO DG Roberto Azevedo: Some years ago there was a proposal to increase the number of AB members. Under the current situation the 7 member AB can handle around 10-12 appeals at most per year. That’s stretching the envelope. And this is with AB Members working almost full-time.
Simon Lester 28 Sep 2014 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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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