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A Developing Country Defends Investor-State

It's not just rich countries who defend investor-state.  This is from the Malaysian Ministry of International Trade and Industry, in the context of the TPP: I. Investor – State Dispute Settlement (ISDS) and Sovereignty  * On the issue of ISDS, foreign investors are drawn to Malaysia not only by
Simon Lester 25 Jun 2013 1 min read

Maybe We Should Discriminate with Patents Based on Field of Technology

A couple months ago, I quoted Article 27.1 of the TRIPS Agreement, and then asked: Why shouldn't countries discriminate in relation to patents based on the field of technology?  Aren't some patents more valuable to society than others?  Aren't patents for pharmaceuticals more
Simon Lester 24 Jun 2013 1 min read

Who Was the Real Loser in the FIT Case?

I'm a little fuzzy on the details, but seems like maybe it was Samsung. This is from Wind Power Monthly: The green energy deal between Ontario and the South Korean  manufacturer was signed in 2010 but has been subject to a number of  revisions since. The contract has
Simon Lester 24 Jun 2013 1 min read

What is "Market Access"?

There are a number of terms in the trade field that bug me because of their lack of clarity.  Different people use terms in different ways, and that makes for an ambiguous public discussion of the issues.  One example of this problem is the term "market access." The
Simon Lester 18 Jun 2013 4 min read

More on Consumer Opinion on COOL

By the way, it turns out some blog comments are being sent to a "comment spam" folder. My apologies if that has happened to you.  A comment I just discovered mentions a 2012 study about consumer opinion on mandatory country of origin labeling, a summary of which is
Simon Lester 18 Jun 2013 1 min read

Trade in Ship Recycling

I feel like there's a trade complaint in here somewhere, but I'm not sure exactly what it is (it probably involves looking closely at GATS commitments): A European effort to bar the use of potentially hazardous ship recyclers in India, Pakistan and Bangladesh has run aground,
Simon Lester 14 Jun 2013 1 min read

More TPP Secrecy Issues

Here's an excerpt from a letter by Senator Elizabeth Warren to USTR nominee Mike Froman: While I have no doubt that the President's commitment to openness is genuine, I am concerned about the Administration's record of transparency regarding the Trans-Pacific Partnership. Specifically, I
Simon Lester 14 Jun 2013 2 min read

Privacy as a Reason for Discriminating Against American Service Providers

I think I can safely assume that everyone has heard about the U.S. government program which uses American internet companies to access the online activities of non-Americans, so I won't get into the details.  Not surprisingly, there have been some concerns expressed by law-makers outside
Simon Lester 11 Jun 2013 2 min read

How Did USTR Define "In Like Circumstances" During the FTAA Talks?

That's the subject of a long-running court battle.  Apparently, during the FTAA talks, USTR wrote a "white paper" in which it offered commentary on the interpretation of the phrase "in like circumstances" in the context of the investment chapter.  The Center for International
Simon Lester 09 Jun 2013 1 min read

Two Big WTO Jobs

... are posted here: The Secretariat of the WTO is seeking to fill the position of Director, Trade and Environment Division. Serving staff members interested in the position are also invited to apply. and here: The Secretariat of the WTO is seeking to fill the position of Chief Economist and Director,
Simon Lester 09 Jun 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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