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History of TBT Article 2.2

Some of you may have seen this short article I wrote for the JIEL, which looks at the GATT negotiating history of the precursor provisions to TBT Agreement Articles 2.1 and 2.2 (there's a little more technical detail in the piece here), in the period 1969
Simon Lester 04 Sep 2014 3 min read

Polling on ICSID

A little while back, I wondered about public opinion on investment obligations.  In this regard, my friend Luke Peterson points me to some data on Americans' views of ICSID.  It's such awful data, though, that I should probably just ignore it.  I only highlight it to make
Simon Lester 02 Sep 2014 2 min read

CETA and the Prudential Carve-Out

We talked about the "prudential exception" here, here, and here, and then just recently here.  In the last link, I mentioned that I had a short article coming out arguing for revised language for this exception.  But the CETA negotiators beat me to it.  Here's what
Simon Lester 01 Sep 2014 2 min read

Dresden Conference on Mega-Regionals

Some details on an upcoming conference on mega-regionals: On 23rd and 24th October 2014 the Research Centre for International Economic Law at the University of Dresden led by Professor Thilo Rensmann and the affiliated research project “Global TranSAXion” will be hosting a conference on “Mega-Regionals and the Future
Simon Lester 01 Sep 2014 1 min read

CETA: Limits on Domestic Wine Preferences

From a Canadian news report: A trade deal between Canada and the European Union could restrict Canada’s wine sales by limiting the number of privately run outlets selling domestic products, if a leaked document turns out to be close to the finalized treaty. A German website posted the 521-
Simon Lester 26 Aug 2014 1 min read

Barcelona Workshop on Global Governance

Call for Papers: 2015 Barcelona Workshop on Global Governance: The Public and the Private in Global Governance IBEI (Institut Barcelona d’Estudis Internacionals) and ESADEgeo (ESADE Business School’s Center for Global Economy and Geopolitics) are organizing the third edition of the Barcelona Workshop on Global Governance, an international workshop
Joel Trachtman 26 Aug 2014 1 min read

Is the Appellate Body Trying To Discourage DSU Article 11 Appeals?

I haven't crunched the numbers on this, but it certainly feels as though DSU Article 11 appeals have increased in recent years.  Yet almost all of them get rejected.  This seems like a strange state of affairs.  Why pursue a course that is virtually certain to fail? In
Simon Lester 26 Aug 2014 1 min read

CETA, ISDS, and Religious Discrimination: The Burqa Ban

In the comments of this post, we talked about the scope of the "targeted discrimination" aspects of the fair and equitable treatment obligation in the leaked CETA investment chapter. The relevant language is as follows: Article X.9: Treatment of Investors and of Covered Investments ... 2. A Party
Simon Lester 25 Aug 2014 1 min read

Legal Aspects of Domestic Economic Integration: Canadian Reform Proposals

This is from a paper by some Canadian business groups on promoting internal free trade within Canada through reform of Canada's Agreement on Internal Trade: A more effective and efficient dispute resolution mechanism should include ... a domestic equivalent of investor-state dispute settlement, ... . Investor-state dispute settlement normally
Simon Lester 20 Aug 2014 2 min read

APEC’s Complementarity to the WTO via Plurilateral Agreements

Now that the WTO members failed to adopt the protocol on the Trade Facilitation (TF) Agreement, APEC members try to fill in the gap.  APEC Leaders instructed their officials to work toward the APEC TF Agreement between APEC members and other WTO members. The Chair of the APEC Committee on
Sungjoon Cho 18 Aug 2014 1 min read

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International Economic Law and Policy Blog

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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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