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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
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

Outsourcing Investment Treaty Interpretation from the WTO Jurisprudence

Our co-blogger Bryan Mercurio published an excellent policy brief at the World Health Organization (WHO) Bulletin. (“International investment agreements and public health: neutralizing a threat through treaty drafting”) This is his conclusion: “International investment agreements need not pose a threat to legitimate health measures. The addition of limitation clauses
Sungjoon Cho 10 Jul 2014 1 min read

What about FET and Indirect Expropriation?

Last week, Andrew posted about the possibility of an exception to investment obligations, as part of the TTIP.  I'm interested to see where exceptions of this sort can take us in terms of preserving policy space, but I think we should also consider the obligations themselves as part
Simon Lester 09 Jul 2014 2 min read

The Realm of Transparency under GATT Article X:2

GATT Article X:2 provides that: 2. No measure of general application taken by any contracting party effecting an advance in a rate of duty or other charge on imports under an established and uniform practice, or imposing a new or more burdensome requirement, restriction or prohibition on imports, or
Sungjoon Cho 07 Jul 2014 3 min read

Launching the WTO Plurilateral Green Goods Negotiations Next Week

Early next week, plurilateral negotiations on liberalization of trade in green goods will be launched at the WTO.  The negotiations are based on an agreement between a sub-set of WTO Members that was announced at Davos, and represent a new beginning for the treatment of environmental goods and services
Rob Howse 05 Jul 2014 2 min read

Soaring Prices and Access to Vaccines: A New Mission for WTO TRIPS flexibilities?

A must-read article that appeared in the New York Times a couple of days ago nyti.ms/1t8ugtz details the soaring cost of vaccines and the potentially disastrous public health consequences (some of which are already being felt).   This seems an ideal case for compulsory licensing.  I would note
Rob Howse 05 Jul 2014 2 min read

TTIP and Article XX

Simon has noted on the blog before the increasing interest in including an Article XX-type exception in investment agreements, as a way of helping to resolve some of the regulatory issues raised by, eg, the FET and expropriation obligations. Indeed, many of you will have seen that Article XX
Andrew Lang 02 Jul 2014 4 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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