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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

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

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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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