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How to Defend ISDS

Last week, I was complaining about an attempt to defend ISDS by someone who did not seem aware of how investment obligations work.  In contrast, here is someone who gets it right: What investment treaties typically do is offer investors (in either direction) reciprocal guarantees of basic principles such as
Simon Lester 22 Sep 2014 1 min read

Is the First Trade/Labor FTA Panel Report Finally Coming?

The U.S. has been threatening to pursue complaints under labor chapters of trade agreements for a while now.  USTR's announcement yesterday may indicate that we will soon see an actual panel process completed: United States Trade Representative Michael Froman today announced that the United States is proceeding
Simon Lester 19 Sep 2014 1 min read

How Not to Defend ISDS

Investor-state dispute settlement is a complex, difficult issue. Reasonable people can disagree on it. I've come out against it, but I see why people would be for it. However, when people do support it, I wish they would get the law and the facts right.  It doesn&
Simon Lester 17 Sep 2014 2 min read

ISDS in CETA

CETA, the Canada-EU trade deal under negotiation, is well ahead of the TTIP in terms of its progress towards a final text.  How is it faring in terms of politics?  The European Parliament was debating it yesterday.  Here's what they report: Hopes and fears for the EU-
Simon Lester 17 Sep 2014 2 min read

Questions about Telemedicine, CETA, and TTIP

I've been watching the telemedicine industry with great interest.  As with online education, I think there is great potential to offer medical services online.  Not all of them, of course, but certainly many types of consultations could take place this way.  If governments allow it, that is. If
Simon Lester 15 Sep 2014 1 min read

New Website

I thought I'd announce that I have a new website, which makes many of my publications available for downloading at one place, including selected forthcoming publications.  From the menu you can find these under various topics, which include "Globalization and Governance" and "International Law."
Rob Howse 14 Sep 2014 1 min read

Scotland and International Economic Law

Is it time to talk about the possibility of Scotland leaving the UK, and the implications for international economic law?  Polls are showing that it could really happen.  Maybe it will, maybe it won't.  But I figure I should do this post now, because if the vote is
Simon Lester 12 Sep 2014 1 min read

TTIP, Financial Services, and the Prudential Exception

I've always been a little confused by the controversy over including financial services in the TTIP.  The EU wants it in; the U.S. is resisting.  But why is the U.S. resisting?  If they want to protect U.S. industry from competition, I don't have
Simon Lester 10 Sep 2014 1 min read

The Substance of Investment Treaties

It has always seemed to me there is insufficient study of the substance of investment treaties, i.e., what do the obligations mean, what is their impact, etc.  I often hear that the principles are no different from what is found in domestic law, but that doesn't satisy
Simon Lester 08 Sep 2014 1 min read

Implementing the Seal Products Ruling

The parties have agreed to an implementation deadline of October 18, 2015.  This is from the Canada-EU agreement: We wish to inform you that, with reference to our previous communication from 24 July 2014 and pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing
Simon Lester 08 Sep 2014 1 min read

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International Economic Law and Policy Blog

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Featured

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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