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NAFTA and the TPP

A while back I asked: if NAFTA gets subsumed in the TPP, would that satisfy Obama's campaign pledge to renegotiate NAFTA? It appears that maybe U.S. Trade Rep. Froman is thinking along the same lines: “As a candidate for President, then-Senator Obama said he would renegotiate
Simon Lester 19 Feb 2014 1 min read

More on Comparative Regulation

It's always nice when I run across a piece of scholarship that appears to confirm my instincts (in this case, that U.S. and EU regulation are not really all that different): The regulation of health and environmental risks has generated transatlantic controversy concerning precaution and the precautionary
Simon Lester 19 Feb 2014 2 min read

An Alternative Approach to Environmental Rules in Trade Agreements

One of the criticisms of the TPP from some U.S. groups is that its rules on the environment might not be strict or enforceable enough.  (See, e.g., this NY Times article). But not everyone thinks trade agreements should take on this task.  Here's an example from
Simon Lester 18 Feb 2014 1 min read

Short-Term Funding Opportunity for Researchers on Law and Economics of Trade Dispute Settlement

From my friends at the Graduate Institute: The Graduate Institute of Geneva is offering up to 5 research fellowship for short-term period (3 months) in the context of the EU-funded Marie-Curie Initial Training Network “DISSETTLE” (Dispute Settlement in Trade: Training in Law and Economics). The basic gross
Simon Lester 18 Feb 2014 1 min read

An Investment Exception in the Australia - Korea FTA

This is from Article 22.1 (general exceptions) of the just released Australia-Korea FTA: 3. For the purposes of Chapter 11 (Investment), subject to the requirement that such measures are not applied in a manner which would constitute arbitrary or unjustifiable discrimination between investments or between investors, or a
Simon Lester 17 Feb 2014 2 min read

WTO Panel/AB Rulings as RTA Precedent

From the Australia-Korea FTA: ARTICLE 20.5: RULES OF INTERPRETATION ... Where an obligation under this Agreement is identical or substantially identical to an obligation under the WTO Agreement, the panel shall adopt an interpretation which is consistent with any relevant interpretation established in rulings of the DSB. ... So what
Simon Lester 17 Feb 2014 1 min read

Register Now for the Appellate Hearing in Seal Products

From the WTO: Following a request from the participants in the disputes European Communities — Measures Prohibiting the Importation and Marketing of Seal Products (EC — Seal Products)(WT/DS400 / WT/DS401), the Appellate Body in these appellate proceedings has decided to open the oral hearing to public observation by delegates of
Simon Lester 16 Feb 2014 1 min read

Spying on Trade Lawyers

From the NY Times: A top-secret document, obtained by the former N.S.A. contractor Edward J. Snowden, shows that an American law firm was monitored while representing a foreign government in trade disputes with the United States. ... The government of Indonesia had retained the law firm for help
Simon Lester 16 Feb 2014 1 min read

The Precautionary Principle vs. Cost-Benefit Analysis

Should the U.S. adopt the precautionary principle?  Should the EU rely more on cost-benefit analysis? Or maybe this is a better question: Does U.S. and EU regulation rely on anything that could reasonably be called cost-benefit analysis or the precautionary principle? These are questions that come
Simon Lester 11 Feb 2014 1 min read

An Equal Protection Clause for Investment?

This is from the draft CETA investment chapter I mentioned yesterday: 2. A Party breaches the obligation of fair and equitable treatment referenced in paragraph 1 where a measure or series of measures constitutes: ... d. Targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; This provision
Simon Lester 06 Feb 2014 1 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in 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."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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