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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

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

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International Economic Law and Policy Blog

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Tracking Goods Exports under the Trump Administration's Trade Policies

My sense is that one of the reasons some traditionally pro-trade members of Congress have continued to support Trump's trade policies, despite misgivings they may have about tariffs, is because they hope these policies will pry open foreign markets, leading to increased US exports.
07 May 2026 8 min read

Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

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