International Economic Law and Policy Blog

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Simon Lester

Does U.S. Law Require Zeroing?

The U.S. Court of Appeals for the Federal Circuit says no (yesterday). Some brief snippets of the decision follow. First, some general background on the actions of the Department of Commerce: In November 2001, Commerce issued an antidumping duty order against Corus imposing a dumping margin of 2.59%

The Holocaust and High Speed Rail

Following up on this post, here's more on the issue of European companies working on high speed rail projects in the U.S., from the Palm Beach Post: U.S. Rep. Ron Klein, D-Boca Raton, is going after one of the companies bidding to build a high-speed rail

WTO Accession as a Tool of Trade Policy

Is WTO accession sort of like trade preferences? Countries want to receive trade preferences, so those handing them out can condition them on adopting policies in other areas. Similarly, countries want to accede to the WTO, so WTO Members can impose conditions on this accession. This is from the Bahamas

More on Internet Gambling Bans and the Dormant Commerce Clause

Following up on my post about internet gambling bans and the dormant commerce clause, I noticed that Santa Clara University law prof Eric Goldman had this to say on the issue: I continue to believe that any state regulation of the Internet presumptively violates the dormant commerce clause, especially when

Trade Wars vs. Trade Conflict

In a post entitled "Preemptive Unilateral Disarmament," Paul Krugman is upset that Secretary Geithner doesn't want a "trade war": So, why did Tim Geithner feel the need to declare, We’re not going to have a trade war; we’re not going to have

Can Trade Preferences Be Used To Promote Non-Trade Policies?

Using trade preferences to promote non-trade policies is controversial. It's not completely clear to what extent this is permitted under WTO rules. And regardless of the legality, it can be irritating to those countries on the receiving end of these demands. In addition to those questions, there is

The House Currency Bill Committee Report

A commenter mentioned the House Committee Report related to the currency bill. I have uploaded it here. I found a number of aspects of the report interesting. One thing that comes out is that, despite the perception that Congress doesn't care whether it violates WTO rules, clearly the

More on Concerns with Investment Arbitration Standards

In the comments, anon99 says: Pauwelyn has a new article which "claims that based on fifteen years of operation both the hopes and fears traditionally linked to TRIPS and its enforcement under the WTO dispute settlement system were and continue to be largely exaggerated." It is getting close

Scott Lincicome on the China Currency Bill

What will the impact be if the china currency bill passed by the House eventually becomes law? Scott Lincicome explains: Assuming the bill becomes law as written, a large spike in CVD petitions against China is highly unlikely in the near term. Instead, only a small number of “test case”

The Philip Morris Investment Claim

I did some previous posts (see, e.g., here) about the investment claim brought by Philip Morris against Uruguay under a Uruguay-Switzerland BIT. Todd Weiler, who knows a thing or two about investment claims, has written a legal opinion for Physicians for a Smoke Free Canada, in which he examines