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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, deviate
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 in Rules,
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-
Simon Lester 27 Oct 2014 1 min read

Speaking Clearly on ISDS?

From a speech today by President-elect of the European Commission Jean-Claude Juncker before the European Parliament: Investor-to-state disputes I took note of the intense debates around investor-state dispute settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) negotiations. Let me once again state my
Simon Lester 22 Oct 2014 2 min read

OGEL & TDM Call for Papers: Special Issue on Renewable Energy Disputes

From OGEL and the TDM journal: Oil, Gas, and Energy Law Journal (www.ogel.org) and Transnational Dispute Management (www.transnational-dispute-management.com) invite submissions for a joint Special Issue on Renewable Energy Disputes. Renewable energy production is nothing new: windmills have been used to produce wind-based energy
Simon Lester 22 Oct 2014 2 min read

What Do Americans Think of Mandatory Country of Origin Labelling?

I was struck by this sentence from a Global Trade Watch blog post, in reaction to yesterday's WTO panel report in the Article 21.5 proceeding in U.S. - COOL: The COOL policy was created when Congress enacted mandatory country-of-origin labeling for meat – supported by 92
Simon Lester 21 Oct 2014 3 min read

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A law of many meanings: Exchange Actions under the GATT and IMF

Earlier this week, Simon Lester posted about the EU’s concerns with the undervaluation of the Chinese currency. He situated the recent demands for trade restrictions against a longstanding debate about the function of GATT Article XV:4.
25 Jun 2026 8 min read

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

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