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Has Canada violated its NAFTA transparency obligations by keeping the CETA text secret?

It almost goes without saying that it is an egregious violation of the principles of liberal democratic governance that Canada-and the EU, apparently-are keeping the agreed, final text of the CETA a secret.  I can only hope that NGOs somewhere are seeking it through access to information proceedings in both
Rob Howse 06 Nov 2013 1 min read

Seals:the exceptions and the question of nullification and impairment

Having now spoken to several people who have seen the leaked Seals panel report-I still haven't-what appears to be the case is that the panel has upheld the general measure but found some of the exceptions to be violations.  To my mind, this raises a vexing issue concerning
Rob Howse 05 Nov 2013 1 min read

The Faroe Islands Simultaneous Complaints under UNCLOS and the WTO: The Fragmentation of International Law is Well Alive .

I have noticed  that The Faroe Islands have recently referred the use of threats of coercive economic measures by the European Union, in relation to the Atlanto-Scandian herring, to an arbitral tribunal under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS). At the same
Marc Benitah 05 Nov 2013 1 min read

Long Live "Aim and Effect"!

The exchanges in the comments on this recent post on national treatment in investment law got me thinking about a more general national treatment point. It's easy to get bogged down in the technicalities of the national treatment obligation, so, if I may, I'd like to
Simon Lester 04 Nov 2013 1 min read

WTO Chairs Programme - Call for Applications

It's my pleasure to bring to your attention the call for application for the WTO Chairs Program. Established in 2010, it is the flagship program by the WTO to promote WTO-related teaching, research and outreach activities in leading universities in the developing world. As a member of the
Henry Gao 04 Nov 2013 1 min read

CETA and GIs

This is from Canada's "technical summary" of CETA: * Limited GI rights provided to EU on: Asiago, feta, fontina, Gorgonzola and Munster * won’t affect ability of current users of these names in Canada to continue use * future users will be able to use the names only
Simon Lester 01 Nov 2013 1 min read

Renewable Energy Commentary from Economists

Back in May, I mentioned some comments by economist Amar Breckenridge on the FIT/Renewable Energy WTO panel report.  Along with a colleague, he has a new piece on the AB report.  Here's an excerpt related to the AB's discussion of market definitions and the existence
Simon Lester 31 Oct 2013 1 min read

Cloves, Tuna, COOL Update

If you are wondering what's going on with the Cloves, Tuna, and COOL WTO disputes, Jamie Strawbridge has an ASIL Insight with some details on the implementation status of each.  From the conclusion: If the WTO upholds U.S. compliance steps in some or all of these cases,
Simon Lester 31 Oct 2013 1 min read

CETA and Investor-State

From the Canadian government's "Technical Summary" of CETA: Investment protection rules * Strong rules that take into consideration lessons learned from past FTAs and foreign investment promotion and protection agreements * Commitments to treat investors from Canada and the EU fairly and equitably and in non-discriminatory manner * Provisions
Simon Lester 29 Oct 2013 2 min read

EU-China Investment Treaty Issues

I've gotten to know some of the folks at Brussels think tank ECIPE over the past year, and I always enjoy their work.  Here's a new piece from research associate Michal Krol entitled "The Case for an EU-China investment agreement": http://www.ecipe.org/
Simon Lester 29 Oct 2013 1 min read

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International Economic Law and Policy Blog

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Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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