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China and the WTO E-Commerce Talks

In a recent communication related to the Joint Statement on Electronic Commerce in Davos, China said the following: 4.1. Along with the new opportunities provided by electronic commerce, issues such as cyber security, data safety and privacy are increasingly highlighted, bringing unprecedented security risks and regulatory challenges to Members.
Simon Lester 25 Apr 2019 1 min read

The Role of Appellate Body Rulings as Precedent: Suggestions from Japan and Australia

This is from a communication from Japan and Australia: 2  DRAFT DECISION The Dispute Settlement Body, Having regard to paragraph 1 of Article 2 and Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Affirming that recommendations and rulings made by the DSB are
Simon Lester 24 Apr 2019 1 min read

Call for Papers-- The Law of the Blue Economy: International and South Asian Perspectives

This is from the South Asia International Economic Law Network (SAIELN): The South Asia International Economic Law Network (SAIELN) is pleased to announce a call for papers for its biennial conference on “The Law of the Blue Economy: International and South Asian Perspectives”. The network is a freestanding body associated
Inu Manak 24 Apr 2019 1 min read

Toning Down WTO Precedent

This is from last week's China - TRQs panel report: 6.20. The United States requests that the reference to a "well-established principle in WTO case law" in paragraph 7.212 be deleted, since it could be "misunderstood as indicating that prior panel and appellate
Simon Lester 23 Apr 2019 1 min read

Contracting Party vs. Member

This is from last week's China - TRQs panel report: 6.18. The United States requests that the term "contracting party" be replaced by the term "Member" in paragraph 7.187.120 China has not commented on this request. We note that the term
Simon Lester 23 Apr 2019 1 min read

Guest Post: Might WTO Law Prevent Climate Change Mitigation Affecting Agricultural Trade?

This is a guest post from Christian Häberli of the World Trade Institute The Great Taboo – Or will somebody please tell me where I am wrong? The multilateral trading system is presently facing what some observers call an existential crisis with possibly dramatic consequences. So much so that nobody finds
Simon Lester 21 Apr 2019 4 min read

New Book on EU Trade Law

U.S. trade policy is grabbing most of the headlines these days, but EU trade policy has seen some big changes as well. Rafael Leal-Arcas sends the following summary of his new book on EU Trade Law: This book is an attempt to do a thorough chronological analysis of the
Simon Lester 21 Apr 2019 1 min read

Would the New NAFTA Reduce Policy Uncertainty?

This is a key passage from the ITC's USMCA report: Provisions That Reduce Policy Uncertainty for International Data Transfer, Cross-border Services, and Investment Many of the provisions in USMCA represent commitments to maintaining current regulatory conditions. In many of these cases, firms have operated under regulatory conditions in
Simon Lester 19 Apr 2019 5 min read

The ITC's USMCA Report: Reducing "Policy Uncertainty" is the Key Factor

This seems to be a key part of the ITC's USMCA report (pp. 43, 58): Of the eight USMCA components included in the economy-wide model, provisions that reduce policy uncertainty about international data flows, cross-border services, and investment, as well as certain automotive rules of origin, have the
Simon Lester 18 Apr 2019 2 min read

The ITC's USMCA Report: The IP Section

This is from the IP section of the ITC's USMCA report (starts on p. 213): Modeling of Changes to Key IPR Provisions The Commission’s quantitative assessment of the effects of key IPR changes in USMCA identifies the statistical relationships between trade in certain IPR-intensive manufacturing sectors and
Simon Lester 18 Apr 2019 1 min read

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International Economic Law and Policy Blog

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Featured

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

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

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