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Speaking of Settling WTO Disputes ...

... as Sungjoon was in the last post, first up there's this announcement from the Canadian government: The Honourable Leona Aglukkaq, Minister of the Environment, Minister of the Canadian Northern Economic Development Agency and Minister for the Arctic Council; Foreign Affairs Minister John Baird; the Honourable Ed Fast, Minister
Simon Lester 13 Oct 2014 2 min read

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

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The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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