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Mesa Power v. Canada NAFTA investor-state arbitration: public viewing of the hearing

Many of you will be familiar with Mesa Power as the NAFTA case that concerns the local content requirements in Ontario's feed-in-tariff (FIT) programme for renewably generated electricity, which were found to violate WTO rules in the recent Canada-Renewable Energy rulings.  The NAFTA claim raises
Rob Howse 20 Oct 2014 1 min read

The Amended COOL Measure Was Not So Cool, a WTO Compliance Panel Said

Here is the compliance (DSU Article 21.5) panel report as well as a summary of findings.  Overall, the panel followed the Appellate Body’s approach in the original COOL dispute.  The panel concluded that the amended COOL measure actually “has increased the original COOL measure's detrimental impact
Sungjoon Cho 20 Oct 2014 3 min read

Where to publish in international law-a not entirely unbiased pitch for the London Review

My co-authors and I are close to signing off on our manuscript analyzing the WTO Seal Products rulings.  Coming from the very happy Howse/Langille experience with the Yale Journal of International Law, I think we will again submit to the US student-edited law journals-also the nature
Rob Howse 17 Oct 2014 1 min read

What Is Investment Protection For?

This is from U.S. Trade Representative Michael Froman: investment protections are ... intended to safeguard against a host of abuses, including discrimination, repudiation of contracts, and expropriation of property without due process of law ... It surprises me how little analysis of this issue exists. From what I can tell, the
Simon Lester 17 Oct 2014 1 min read

Call for Papers: 4th Conference of the SIEL Postgraduate and Early Professionals/Academics Network

The Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law has issued a call for papers for its fourth conference: 4th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL) 2015 Milan, 16-17 April 2015 Organised
Simon Lester 17 Oct 2014 2 min read

The Nature of "Serious Prejudice" Cases

In the comments on Sungjoon's post from the other day, Brett Williams said something really interesting: There are some aspects of this Cotton litigation which ought to be celebrated as great achievements of the system. ... Secondly, it was the first time (going all the way back to 1948)
Simon Lester 14 Oct 2014 2 min read

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
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

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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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