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CETA: Limits on Domestic Wine Preferences

From a Canadian news report: A trade deal between Canada and the European Union could restrict Canada’s wine sales by limiting the number of privately run outlets selling domestic products, if a leaked document turns out to be close to the finalized treaty. A German website posted the 521-page
Simon Lester 26 Aug 2014 1 min read

Barcelona Workshop on Global Governance

Call for Papers: 2015 Barcelona Workshop on Global Governance: The Public and the Private in Global Governance IBEI (Institut Barcelona d’Estudis Internacionals) and ESADEgeo (ESADE Business School’s Center for Global Economy and Geopolitics) are organizing the third edition of the Barcelona Workshop on Global Governance, an international workshop
Trachtman 26 Aug 2014 1 min read

Is the Appellate Body Trying To Discourage DSU Article 11 Appeals?

I haven't crunched the numbers on this, but it certainly feels as though DSU Article 11 appeals have increased in recent years.  Yet almost all of them get rejected.  This seems like a strange state of affairs.  Why pursue a course that is virtually certain to fail? In
Simon Lester 26 Aug 2014 1 min read

CETA, ISDS, and Religious Discrimination: The Burqa Ban

In the comments of this post, we talked about the scope of the "targeted discrimination" aspects of the fair and equitable treatment obligation in the leaked CETA investment chapter. The relevant language is as follows: Article X.9: Treatment of Investors and of Covered Investments ... 2. A Party
Simon Lester 25 Aug 2014 1 min read

Legal Aspects of Domestic Economic Integration: Canadian Reform Proposals

This is from a paper by some Canadian business groups on promoting internal free trade within Canada through reform of Canada's Agreement on Internal Trade: A more effective and efficient dispute resolution mechanism should include ... a domestic equivalent of investor-state dispute settlement, ... . Investor-state dispute settlement normally grants foreign
Simon Lester 20 Aug 2014 2 min read

APEC’s Complementarity to the WTO via Plurilateral Agreements

Now that the WTO members failed to adopt the protocol on the Trade Facilitation (TF) Agreement, APEC members try to fill in the gap.  APEC Leaders instructed their officials to work toward the APEC TF Agreement between APEC members and other WTO members. The Chair of the APEC Committee on
Sungjoon Cho 18 Aug 2014 1 min read

Russia’s Account of Negotiation History: Reason for Deletion Further Explained

On the question raised in my last post – what was the reason for deleting from Russia’s accession protocol the sentence on non-derogation of its rights under the WTO Agreement – I have now located further explanation in Annex C-9 to the Panel Report in Rare Earths, INTEGRATED EXECUTIVE SUMMARY OF
Julia Qin 18 Aug 2014 3 min read

What Should the U.S. Judge in the Argentina Debt Case Have Done?

I'm still trying to sort out what I think should happen in the Argentina debt crisis case.  I gather that a lot of people are mad at the U.S. judge who prevented Argentina from making payments to those creditors who had agreed to restructure the debt, allowing
Simon Lester 18 Aug 2014 2 min read

Negotiation History and Interpretation of WTO Accession Protocols

As indicated in my previous post, South Korea, a third party in the Rare Earths appeal, advocated referencing negotiation history in the interpretation of Paragraph 11.3 of China’s Accession Protocol. Para. 2.7.7of the AB Report reads in part: In Korea's view, the interpretation pursuant
Julia Qin 15 Aug 2014 4 min read

CETA, Investment Obligations, and Exceptions

With each attempt to clarify the "minimum standard of treatment" in investment obligations, the scope becomes less clear to me.  Here's what the leaked CETA text says (page 158): Article X.9: Treatment of Investors and of Covered Investments 1. Each Party shall accord in its
Simon Lester 15 Aug 2014 2 min read

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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

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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