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International Law as Factual Evidence in WTO Disputes

From the EC - Seal Products panel report: 7.292. The European Union points out that the protection of the economic and social interests of Inuit or indigenous communities is recognized at the international level as illustrated, for example, in the United Nations Declaration on the Rights of Indigenous Peoples
Simon Lester 05 Dec 2013 1 min read

Australia Concedes a Bit on Investor State

From the Guardian: Australia has finished negotiations for a free trade agreement with South Korea, paving the way to reduce and scrap tariffs on key exports, the prime minister says. The proposed deal includes a controversial investor-state dispute settlement mechanism – but the government says it has secured safeguards to ensure
Simon Lester 05 Dec 2013 1 min read

Couldn’t We Just Deliver the Original Doha-Lite Package?

The longest trade round ever is now facing its Hamletian moment.  The hard-won optimism under the new WTO leadership has recently evaporated as a thorny issue of food security remains contested.  To most observers of the Doha round, the current stalemate is a frustrating déjà vu.  We were in this
Sungjoon Cho 04 Dec 2013 3 min read

BP and the TTIP

From the Washington Post: The British government has taken the unusual step of filing a brief in a Texas federal court in support of BP in its quest to get the Environmental Protection Agency to lift a ban on the British oil firm’s ability to bid for federal contracts,
Simon Lester 04 Dec 2013 1 min read

The Bali Ministerial [Failed/Succeeded]: Yawn

I don't know what's going to happen at the Bali Ministerial this week. I'm not very good at predicting these things.  But whatever happens, I probably won't be all that excited one way or the other.  That's because the issues
Simon Lester 02 Dec 2013 2 min read

Some comments on Seals

A few quick comments on the run about the Seals panel decision, focussing only on the non-discrimination claims for now: -       As to the TBT 2.1 claim, and specifically the IC exception, it’s worth noting that, despite the result, the Europeans got most of what they argued for
Andrew Lang 28 Nov 2013 3 min read

Dealing with Frivolous Investor State Claims

Here's more from that Commission document mentioned in the last post: In order to discourage 'long shot' and frivolous claims by investors, the EU has agreed provisions to enable tribunals to dismiss such claims quickly and also to require that all litigation costs are borne by
Simon Lester 27 Nov 2013 1 min read

Can the European Commission Save Investor State from its Critics?

From a document just released by the European Commission, entitled "A new start for investment and investment protection": 4. What is the EU doing to improve investment protection rules? The Commission’s aim is to bring improvements on two fronts (1) to clarify and improve investment protection rules
Simon Lester 27 Nov 2013 2 min read

Scapegoating India for the Impasse in WTO Talks (and Denying the Real Causes)

A story from Reuters http://reut.rs/1a0As7m has been circulating in the last hours that the blame for the collapse of the WTO talks is almost entirely India's. The theory is that the "electioneering" of the Indian government has led it to reject the peace
Rob Howse 27 Nov 2013 3 min read

GATT Article III:4: Is Disparate Impact Enough?

Here is the entirety of the WTO Seal Products panel's GATT Article III:4 analysis: 7.4.3.2 Analysis by the Panel 7.604. Article III:4 of the GATT 1994 provides that: The products of the territory of any Member imported into the territory of any
Simon Lester 25 Nov 2013 2 min read

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Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

Comparing the Forced Labor Provisions in the New U.S. Trade Deals

Continuing my multi-part blog posting series on comparing provisions in the Trump administration trade agreements, let's look now at the provisions that try to induce U.S. trading partners to take action against imports made with forced labor.
20 Feb 2026 4 min read

AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 4 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

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