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Religious Freedom and the TTIP

From a draft letter ($) being circulated by a U.S. Congressman: Dear Secretary Kerry and Ambassador Froman, We are writing to express our serious concern regarding the growing assault on religious freedom in the European Union and many of its member states. Eight out of twenty-eight EU member states prohibit
Simon Lester 23 Jul 2014 1 min read

Menthol Cigarette Discrimination in the EU

Poland is going to to challenge the EU ban on menthol cigarettes under EU law: Poland will appeal to Europe's top court over a European Union ban on flavoured tobacco products, saying it will be unfairly affected as one of the region's biggest consumers and producers
Simon Lester 23 Jul 2014 1 min read

State Owned Enterprises at Home and Abroad

One aspect of the TPP negotiations that I have not followed closely is rules for state owned enterprises.  I'll take a look at it all eventually, but I've been waiting for more leaks and commentary, to explain the different views. In the meantime, though, I wonder
Simon Lester 21 Jul 2014 1 min read

Too Close Yet Too Far…

Well, I am not talking about two lovers, but the currently pending negotiation on the “Transatlantic Trade and Investment Partnership (TTIP).”  The United States and the European Union, representing the world’s most advanced (and perhaps most open) economies, still cannot get a trade deal done between themselves.  As we
Sungjoon Cho 18 Jul 2014 1 min read

The Scope of the Prudential Exception

We talked about the "prudential exception" here, here, and here.  I have a short law journal article coming out on this soon, where I basically argue that the exception is badly worded, nevertheless probably works as an exception, but could and should be redrafted in future trade agreements
Simon Lester 18 Jul 2014 4 min read

Investor-State Arbitration Tribunal v. Domestic Court

This is related to Simon’s earlier post. Matthew Dalton from Wall Street Journal raised an interesting hypothesis regarding the controversial investor-state dispute settlement mechanism under the Transatlantic Trade and Investment Partnership (TTIP).  What if decisions of an investment tribunal and a domestic court on the same subject-matter diverge or
Sungjoon Cho 16 Jul 2014 1 min read

Is There a Middle Ground on ISDS?

From the European Commission: EU trade officials will today start analysing responses to a public consultation on investment protection and ISDS in TTIP, a new EU-US trade deal currently being negotiated. The survey closed yesterday, almost four months after its launch in March. European citizens and interest groups replied in
Simon Lester 16 Jul 2014 1 min read

Non-Discrimination on German Roads

I'm always on the lookout for good controversies on discrimination outside the WTO context, just to see how others do it.  From the Economist, here's a potential case: BAVARIANS have long been cranky about having to pay road tolls every time they drive through Austria, say,
Simon Lester 15 Jul 2014 2 min read

Five Volumes on the WTO

Edited by Debra Steger, former Director of the Appellate Body Secretariat and now a law professor: With a membership of 160 countries, the World Trade Organization (WTO) is the international organization with responsibility for the global rules of trade between nations. Its stated principal function is to ensure that trade
Simon Lester 15 Jul 2014 1 min read

Can Patent Invalidation Constitute Expropriation?

That's one of the issues in an ongoing NAFTA Chapter 11 case.  Pharmaceutical maker Eli Lilly is making an Article 1110 expropration claim related to the invalidation of certain of its patents in Canadian courts (it also makes an Article 1105 minimum standard of treatment claim).  More background
Simon Lester 14 Jul 2014 4 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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