Simon Lester

Lawrence Friedman explains the CIT's latest decision in a case involving different tariff rates for men's and women's gloves: Once the Court reached the conclusion that the tariff is not facially discriminatory, the burden on the plaintiff is much higher. Simply showing that the

From the fact sheet on President Obama's "blueprint to support American manufacturing jobs, discourage outsourcing, and encourage insourcing": Targeting the domestic production incentive on manufacturers who create jobs here at home and doubling the deduction for advanced manufacturing (revenue neutral): In conjunction with the President’s

On SSRN, Professor Leon Trakman looks at Australia's recent policy change on investor-state dispute settlement, and asks, "Investor State Arbitration or Local Courts: Will Australia Set a New Trend?"  From his conclusion: The most profound risk to the institution of investor-state arbitration is one of perception.

From the DOC final rule, issued last week, that addresses zeroing: Several parties request clarification as to which circumstances would trigger the use of an alternative comparison methodology, and whether zeroing would be used in the alternative calculation methodology. These commentators also encourage the Department to narrowly tailor the circumstances

Dan Drezner and other "eminent persons" have put together a report on transatlantic trade and investment.  Some of their recommendations: A new stakeholder driven bottom-up initiative on tariffs and NTBs. Bilateral work on eliminating tariffs and addressing non-tariff measures should proceed based on decentralized government consultations with business

I thought this issue was settled, but apparently not.  From the Korea Herald: The Korea-U.S. free trade pact has resurfaced as a hot-button issue ahead of the April 11 general elections as the liberal opposition parties vow to scrap it should disputed clauses not be renegotiated. ... The liberal forces,

Good for the U.S. anyway; bad for Japan.  From Reuters: Toyota Motor Corp will shift production of its Highlander hybrid sport-utility vehicle from Japan to Indiana, where the company will invest $400 million and add 400 new jobs. The Japanese automaker also plans to export some Highlanders to other

It has been a while since I've had an excuse to talk about National Treatment issues in investment treaties, so I'm happy to see the Bilcon NAFTA Chapter 11 case going forward.  As usual, I turn to Luke Peterson for a basic overview of the facts:

Some members of Congress are trying to prevent oil that would go through the proposed Keystone pipeline from being exported: Rep. Ed Markey (D-Mass.) and other House Democrats called the bluff of Keystone XL pipeline supporters by introducing a bill that would ensure that the oil and refined fuel from