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A Multilateral Investment Agreement

Anders Aslund of the Peterson Institute proposes a Mutilateral Investment Agreement (MIA) (not to be confused with the failed 1990s Multilateral Agreement on Investment (MAI)).  I found his proposal intriguing because, as I read it, he may be making subtle suggestions about how to approach international investment issues in a
Simon Lester 16 Jan 2013 2 min read

The WTO DG Race and the Future of the WTO

The prospect of a new WTO Director-General seems to have a lot of people thinking about the future of the WTO.  In the past few days, I've seen articles in the Guardian and Reuters, and also an FT op-ed by economist Arvind Subramanian. Subramanian thinks the problem with
Simon Lester 14 Jan 2013 4 min read

IEL Symposium 1 March 2013 in Melbourne

The Institute for International Law and the Humanities (IILAH) is holding an Annual Symposium of the International Economic Law Interest Group (IELIG) of the Australian and New Zealand Society of International Law (ANZSIL) on Friday, 1 March 2013 at Melbourne Law School, The University of Melbourne. This symposium is part
Tania Voon 14 Jan 2013 1 min read

IS IT POSSIBLE FOR A PANEL TO REJECT AN ARGUMENT BY SAYING SOLELY THAT "IT IS NOT CONVINCED"?

In the recent  panel reports relating to “ CANADA – CERTAIN MEASURES AFFECTING THE  RENEWABLE ENERGY GENERATION SECTOR” and “CANADA – MEASURES RELATING TO THE FEED-IN TARIFF PROGRAM” ,  the complainants ( namely,  the EU and Japan)  have asked the Panel not to limit its analysis to rejecting the benchmarks proposed by the parties,  and
Marc Benitah 14 Jan 2013 1 min read

The Increase in WTO Disputes

Back in July, I blogged about how many WTO disputes there had been so far in 2012.  At this pace, I said, we will see 24 complaints in 2012.  As it turns out, I was pretty close, but actually underestimated the total.  The final tally is now in: 27 complaints
Simon Lester 11 Jan 2013 4 min read

Do BITs Reflect Laissez-Faire Liberalism?

From a recent Columbia FDI Perspectives paper by Catharine Titi: ... it is time to start thinking about a new balance in a move away from investment treaties’ traditional laissez-faire liberalism toward WTO law’s embedded liberalism,[2] a model whereby liberalization is embedded within a wider framework that enables public
Simon Lester 09 Jan 2013 1 min read

Reforming Trade Remedies

Law prof Wentong Zheng wants to replace anti-dumping and countervailing duties with a country-specific safeguard.  Here's the abstract of his paper: This article aims to restart the debate on trade remedies by offering new perspectives on the fundamental defects of the current trade remedy regime and by proposing
Simon Lester 07 Jan 2013 2 min read

How Trade Restrictive is a Product Ban?

From the EU first written submission in Seal Products: 357. It is beyond question that the EU Seals Regime restricts trade to the extent that the General Ban provides for a prohibition, as a general rule, on the placing on the EU market of all seal products, whether domestic or
Simon Lester 04 Jan 2013 1 min read

Does the TBT Agreement Apply to the Seal Products Measure?

The TBT Agreement only applies to certain kinds of measures, including "technical regulations."  Is the Seal Products measure a technical regulation?  Here's the definition of technical regulation: Document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with
Simon Lester 03 Jan 2013 3 min read

De Facto National Treatment Discrimination in Seal Products

From the first EU written submission in the Seal Products dispute: 322. Canada argues that 90-95% of its seal  products, which derive from large-scale commercial hunts, cannot be placed on the EU market whereas seal products of certain EU Member States may potentially be placed on the market because they
Simon Lester 02 Jan 2013 2 min read

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Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

Comparing the Forced Labor Provisions in the New U.S. Trade Deals

Continuing my multi-part blog posting series on comparing provisions in the Trump administration trade agreements, let's look now at the provisions that try to induce U.S. trading partners to take action against imports made with forced labor.
20 Feb 2026 4 min read

AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 4 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

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