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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

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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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