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Non-Discrimination under Section 301: Canadian Digital Services Taxes

This is from a USTR submission to the Canadian government on a proposed Canadian digital services tax: Thank you to the Government of Canada for this opportunity to comment. The United States has serious concerns about the Canadian Government’s plan to enact a Digital Services Tax (DST). The Canadian
Simon Lester 22 Feb 2022 2 min read

Guest Post: Does EU’s Anti-coercion Instrument violate Art. 23 of the DSU?

This is a guest post from Dr. iur. Cornelia Furculita, Postdoctoral Research Fellow at the Chair of Public Law,  European Law and Public International Law, German University of Administrative Sciences Speyer Under its Trade Policy Review of 2021, the EU engaged to strengthen its toolbox to protect itself from unfair
Simon Lester 21 Feb 2022 6 min read

What's Going on With the Delays in Circulating Panel Reports in Two U.S. WTO Disputes?

There are two WTO disputes involving the United States (one offensive, one defensive) where the parties have been requesting the postponement of the public circulation or the issuance of the panel report for quite a while now. For one of them the final report has definitely been issued to the
Simon Lester 20 Feb 2022 3 min read

2021-2022 SIEL/JIEL/OUP Essay Prize

This is from the SIEL/JIEL/OUP: "The deadline for entering the 2021-2022 SIEL/JIEL/OUP Essay Prize competition is fast approaching, and authors meeting the stated conditions are warmly encouraged to send their submission by 28 FEBRUARY 2022." Further details here: https://academic.oup.com/jiel/pages/
Simon Lester 20 Feb 2022 1 min read

Was Cancelling the Keystone XL Pipeline on Inauguration Day Arbitrary?

Investment Arbitration Reporter has the USMCA Chapter 14/NAFTA Chapter 11 legacy claim Notice of Intent filed by the province of Alberta against the United States in relation to the Biden administration's cancellation of the Keystone XL pipeline. (The notice of intent will probably be available publicly soon,
Simon Lester 15 Feb 2022 2 min read

ANU Press Early Career Researcher Legal Scholarship Prize Looking for Proposals on International Trade and Investment Law

The ANU College of Law has instituted the ANU Press Early Career Researcher legal scholarship prize. It is an annual prize awarded to the most outstanding and insightful manuscript submitted to ANU Press in any area of law and legal studies. It consists of a cash prize of AUD 2500
Simon Lester 10 Feb 2022 1 min read

Can Congress Block a Return to the Iran Deal by the Biden Administration?

With Ted Cruz in the lead, a group of Republican Senators has sent a letter to the Biden Administration threatening that the Senate, or Congress, could block a return to the JCPOA. Within the next days or weeks, there may be a consensus in the Vienna talks between the original
Rob Howse 08 Feb 2022 3 min read

CfP: EYIEL 2022 Climate Change and International Economic Law

This is from the editors of the European Yearbook for International Economic Law: The editors of the European Yearbook for International Economic Law (EYIEL) welcome abstracts from scholars and practitioners at all stages of their career for the focus section of the EYIEL 2022. This year’s focus will be
Inu Manak 08 Feb 2022 1 min read

Virtual Conference on Dispute Settlement in International Trade Agreements: Prospective Pathways

This is from the Centre for Trade and Investment Law (CTIL), New Delhi and the Rajiv Gandhi National University of Law (RGNUL), Punjab, India: We are pleased to inform you that a virtual conference on Dispute Settlement in International Trade Agreements: Prospective Pathways scheduled to be held on 10-11 February
Simon Lester 08 Feb 2022 1 min read

ITC Roundtables, Symposium, and Hearing on Distributional Effects of Trade and Trade Policy on U.S. Workers

As I mentioned here a couple months ago, the ITC will be carrying out a study requested by USTR on "the potential distributional effects of goods and services trade and trade policy on U.S. workers by skill, wage and salary level, gender, race/ethnicity, age, and income level,
Simon Lester 06 Feb 2022 3 min read

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Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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