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Do Anti-Dumping Measures Address Market Distortions?

This is from the latest WTO monitoring report on G20 trade measures: Regarding trade remedy actions, it has been highlighted in discussions among G20 economies, as well as more broadly in the WTO, that some of these measures are taken to address what is perceived by some as a market
Simon Lester 25 Nov 2018 1 min read

Some Questions About "Gap-Filling"

In its statement at the November 21 DSB meeting, the U.S. responds as follows to China's argument that it should be able to "include persons other than government officials" in consultations under the DSU: 24. RIGHT OF A MEMBER TO DECIDE THE COMPOSITION OF ITS
Simon Lester 25 Nov 2018 2 min read

Guest Post: The U.S. and China Rivalry: Geo-Political Context of Free Trade Agreements

This is a guest post from Bashar H. Malkawi (Dean and Professor of Law, University of Sharjah) International trade constitutes a vital lynchpin of the global governance architecture with a staggering $20 Trillion of annual trade. The global trade order consists of trade policies and systems – in particular free trade
Simon Lester 21 Nov 2018 4 min read

The Geoeconomic World Order

Here is the opening of a new blog post from Anthea Roberts, Henrique Choer Moraes, and Victor Ferguson over on Lawfare: We appear to be entering into a new geoeconomic world order, characterized by great power rivalry between the United States and China and the clear use of economic tools
Simon Lester 19 Nov 2018 1 min read

GATT Article XX and non-GATT WTO Agreements

Last week's Thailand - Cigarettes (Philippines), Article 21.5 panel report considered the issue of whether GATT Article XX can provide a defense to claims under the Customs Valuation Agreement: 7.732. Thailand argues that, insofar as the Charges are inconsistent with the provisions of the CVA, such
Simon Lester 19 Nov 2018 7 min read

More WTO Complaints Against China, Including an "Adverse Effects" Nullification or Impairment Claim

Along with Jim Bacchus and Huan Zhu, I have a new Cato paper out today on using the WTO to make China more market-oriented. Some of the main points are: -- China's economic ambition is good. The world is better off with a wealthier China. -- However, China
Simon Lester 15 Nov 2018 7 min read

More on How to Determine Whether a Measure is a Safeguard Measure

In the India - Iron and Steel Products panel report circulated last Wednesday, the panel explained that it would consider the question of whether the measure at issue is a safeguard measure: 7.30. In this dispute, most of the claims have been raised by Japan under Article XIX of
Simon Lester 11 Nov 2018 3 min read

Investment Arbitration Workshop in Oslo

The folks at Pluricourts asked me to post the following: Call for papers: The ISDS Academic Forum, together with PluriCourts Centre for Excellence (LEGINVEST) and Forum for Law & Social Science at the University of Oslo, will host a workshop on reforming international investment arbitration in Oslo 1-2 February 2019.
Simon Lester 11 Nov 2018 1 min read

UNCITRAL and ISDS Reforms: Moving to Reform Options … the Politics

First published on EJIL: Talk! In the last blog, I provided an update on the UNCITRAL process, including the consensus decision from Vienna last week to move forward to consider possible reforms of investor-state arbitration. This decision is very significant. But to get a sense of how this decision was
Anthea Roberts 08 Nov 2018 7 min read

UNCITRAL and ISDS Reforms: Moving to Reform Options … the Process

First published on EJIL Talk! Last week has been described as a watershed moment for ISDS reform. During a meeting in Vienna, states decided by consensus on the desirability of developing reforms in UNCITRAL with respect to investor-state arbitration. States now have an opportunity to make proposals for a work
Anthea Roberts 07 Nov 2018 5 min read

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International Economic Law and Policy Blog

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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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