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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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USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

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