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A Draft CETA Investment Text

... is here: http://www.tradejustice.ca/wp-content/uploads/2013/08/CETA-Draft-Investment-Text-Nov21-2013-203b-13.pdf It's fascinating, in a lot of different ways.  Read it and enjoy, if you like this sort of thing.  I'll mention some personal highlights based on
Simon Lester 05 Feb 2014 1 min read

Luca Rubini on the Canada - Renewable Energy/FIT Case

I think we are all still puzzling over what to make of the Appellate Body's reasoning in the Canada - Renewable Energy/FIT case.  Luca Rubini has some thoughts in a new paper.  Here's an excerpt: the fact that the market is even fundamentally distorted, to the
Simon Lester 05 Feb 2014 1 min read

Plain Packaging of Marijuana?

In the comments, Tom Miles of Reuters asks a great question, one that I had been wondering about: I've been thinking about the question of tobacco control legislation from the perspective of a nascent marijuana industry, and would be interested to know if any of your readers think
Simon Lester 05 Feb 2014 1 min read

Beer vs. Pot in Trade Law

From the FT: A marijuana hangover is starting to hit the beer industry. At the beginning of last month, Colorado became the first US state to allow the sale of pot for recreational use. The end of pot's prohibition has rattled the beer industry for years, raising fears
Simon Lester 04 Feb 2014 1 min read

GATT Articles III:4/I:1 vs. TBT 2.1

From the EU's other appellant submission in EC - Seal Products: 284. The European Union appeals the Panel's finding that it "do[es] not consider that the legal standard with respect to the non-discrimination obligation under Article 2.1 of the TBT Agreement 'equally
Simon Lester 03 Feb 2014 2 min read

Dealing with Frivolous Investor State Claims

This is from what looks like a fairly recent (November 2013) leaked draft of the CETA text: Article x-14: Claims Manifestly Without Legal Merit 1. The respondent may, either no later than 30 days after the constitution of a tribunal pursuant to Article x- (Constitution of Tribunal) and in
Simon Lester 03 Feb 2014 1 min read

The Seal Products Appeals

Canada's is here; Norway's is here. It's hard to predict how these appeals will go.  What issues will the AB focus on?  How much of the panel's findings will the AB revise?  Maybe the oral hearing will give us an indication. In
Simon Lester 30 Jan 2014 1 min read

Later vs. Earlier Treaties Under the VCLT

As all of you international law experts out there know far better than I do, Article 30(3) of the VCLT states: 3. When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated or suspended in operation under
Simon Lester 28 Jan 2014 1 min read

ISDS in TTIP: Are Specific Scheduled Obligations and/or Direct Effect a Way Forward?

I read Karel de Gucht's Dusseldorf speech this past Wednesday with interest, not only for the question Simon rightly raises.  It is plausible that ISDS, and the proposed substantive obligations, would provide greater protection from abuse, and greater incentives to invest, where the host country has less reliable
Joel Trachtman 25 Jan 2014 1 min read

Defending Investor-State: What Are the Government Actions That Are at Issue?

EU Trade Commissioner Karel De Gucht gave a speech on the TTIP today.  In it, he said this about investor-state: Investment agreements also exist for a reason. Europe's economy – and Germany's in particular – benefits from the investments our companies make in other countries. And it
Simon Lester 22 Jan 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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