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CETA and Services Trade

From the Economist: [CETA] also takes a crack at liberalising cross-border ... trade in services in ways that previous trade negotiations have rarely attempted. ... The aim is to begin lowering barriers to trade in services just as past agreements removed obstacles to trade in goods: a worthy goal, since services generate
Simon Lester 28 Oct 2013 1 min read

Call for Submissions on Trade and Climate Change

From my friends at the Trade, Law & Development journal: Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain a constructive and democratic debate on emergent issues in international economic law and to serve as a forum for the discussion and distribution of
Simon Lester 28 Oct 2013 1 min read

Food Security and Agriculture Trade Talks: The G-33 Proposal

Previous posts to this blog have discussed trade-policy responses to the food price spikes of recent years; a recent study by Rob Howse and Tim Josling argued that WTO Members might be obliged to refrain from restricting exports to secure domestic food supply if doing so could adversely affect the
Chantal Thomas 23 Oct 2013 2 min read

More on National Treatment in the Bilcon NAFTA Chapter 11 Case

Last year, I mentioned an issue related to the meaning of national treatment that is likely to come up in the Bilcon NAFTA Chapter 11 case.  Here are some brief thoughts on the same issue from the U.S. non-disputing party submission: NAFTA’s national treatment provision, Article 1102, is
Simon Lester 22 Oct 2013 1 min read

The European Commission on Investor State, Part 4

And finally, one last claim addressed by the Commission in defense of  investor state: Claim: Investors should not be allowed to challenge governments directly in international law. Only governments should be able to act against each other, via state-to-state dispute settlement. The Commission responds that: It is investors who actually
Simon Lester 21 Oct 2013 1 min read

The European Commission on Investor State, Part 3

The third claim related to investor state that the European Commission addresses is the following: Claim: Investor-state dispute settlement undermines public choices (e.g. Vattenfall challenging the German moratorium on nuclear power, Philip Morris challenging Australia’s plain packaging regime for cigarettes) The Commission then distinguishes the remedies under trade
Simon Lester 21 Oct 2013 1 min read

The European Commission on Investor State, Part 2

Here's another "incorrect claim" about investor state that the European Commission responds to: Claim: Investor state dispute settlement gives too many rights to companies The Commission response is, "Wrong!"   In fact, the Commission says, such rights are "limited," as they are restricted
Simon Lester 18 Oct 2013 1 min read

The European Commission Defends Investor State

I mentioned that, having taken the EU side on issues related to regulatory trade barriers, I would criticize the EU soon, to make sure that this blog is "fair and balanced". So here goes. The European Commission has posted a short document in which it defends investor state
Simon Lester 18 Oct 2013 2 min read

The Canada-EU Trade Agreement is Here! Almost!

I've been excited to look at a number of aspects of the Canada - EU Comprehensive Economic and Trade Agreement (CETA), including regulation, investment and IP.  So I was excited to see the news reports this week that it was almost done.  Then today there were headlines like
Simon Lester 18 Oct 2013 1 min read

More on US-EU Regulatory Trade Issues

Following-up on my post last week about the dueling U.S./EU speeches on "regulatory trade barriers", here's an excerpt from an op-ed we wrote on these issues: ... The EU focus on tackling existing and future regulatory divergences, as opposed to domestic regulatory reform, is a
Simon Lester 15 Oct 2013 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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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