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Todd Weiler on National Treatment in Investment Law

Todd Weiler has written a fascinating book on international investment law.  He has done extensive research on negotiating history, which I always enjoy.  It's the kind of book where you read each footnote carefully, because there are important nuggets of information in each one. As much as I
Simon Lester 30 Sep 2013 4 min read

Transparency and Language

From USTR: United States Trade Representative Michael Froman and Mongolia's Minister for Foreign Affairs, Luvsanvandan Bold, today signed an Agreement on Transparency in Matters Related to International Trade and Investment between the United States of America and Mongolia at a ceremony in New York. The U.S.-Mongolia
Simon Lester 25 Sep 2013 1 min read

A Chinese Hollywood?

From USA Today: China's richest man plans to spend 50 billion yuan ($8.2 billion) to build the country's version of Hollywood in the northeastern city of Qingdao. In a glitzy, star-studded red carpet event on Sunday, Wang Jianlin said his company, Dalian Wanda Group,
Simon Lester 23 Sep 2013 1 min read

Barriers to Dealing with Regulatory Trade Barriers

Inside US Trade spells out the different approaches by the EU and U.S. to dealing with regulatory trade barriers in the T-TIP.  The EU: The emphasis of the European Commission is on an approach that would entail mutual recognition and other commitments on existing regulations affecting specific industry
Simon Lester 23 Sep 2013 1 min read

A GATT for Investment: 1970s Flashback

The State Department's Office of the Historian just released some interesting archives as part of the FRUS series, 1977-1980.  Here's someting from a Memorandum From the Assistant Secretary of the Treasury for International Affairs (Bergsten) to Secretary of the Treasury Blumenthal on a GATT for
Simon Lester 19 Sep 2013 1 min read

Another Trade and Tobacco Editorial

This time from the Washington Post.  I have some quibbles with it. They say: What to do, however, when free trade and tobacco control seem to be in tension? I'm not sure how "free trade" and "tobacco control" are in tension.  It may be
Simon Lester 18 Sep 2013 2 min read

Global Chicken Pricing

From this week's Economist: Trading chicken is far more complicated than merely plucking, freezing and dispatching the birds. Chickens don’t get sold whole; exporters have to optimise the “break-up value” of their fowl. The Western palate much prefers white breast meat. Asian consumers prize the more
Simon Lester 17 Sep 2013 2 min read

The Eli Lilly NAFTA Chapter 11 Claim

We talked about it here and here.  It now appears to be going forward: U.S. pharmaceutical giant Eli Lilly has filed a $500 million international lawsuit against the Canadian government, saying it unfairly shortened the life of patents for its best-selling drugs. The case, filed Thursday under the
Simon Lester 13 Sep 2013 1 min read

Libertarians and Investment Treaties

Todd Tucker, formerly of Global Trade Watch and now studying at Cambridge University, recently did a post about my international investment regime paper.  Thanks to Todd for the publicity!  Read his whole post to get a full flavor; I just wanted to respond to a few specific things he says.
Simon Lester 13 Sep 2013 4 min read

TPP "Questions to Avoid"

For the Obama administration, from Global Trade Watch: 1. Is the fact that there is no intellectual property chapter text to even negotiate over – even a heavily bracketed text – related to unwavering multi-year opposition to U.S. patent and copyright text proposals? 2. Is the multi-year deadlock over
Simon Lester 13 Sep 2013 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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