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John Jackson on Border Tax Adjustments

As noted recently here on this blog, border tax adjustments are a hot topic in tax and trade policy. This issue is not a new one; it has been around for a long time. In his masterpiece "World Trade and the Law of GATT," published in 1969, the
Simon Lester 13 Dec 2016 4 min read

Call for Papers: International Investment Law & the Law of Armed Conflict

The Athens Public International Law Center (AthensPIL) of the National and Kapodistrian University of Athens Faculty of Law is hosting, in the context of the Investment Law Initiative, a Colloquium on ‘International Investment Law & the Law of Armed Conflict’, which will take place on October 5 & 6, 2017,
Inu Manak 13 Dec 2016 1 min read

The Windstream Investment Arbitration

The award in the Windstream v. Canada NAFTA Chapter 11 investment arbitration was recently published. Investment Arbitration Reporter has a full summary here. I wanted to highlight two aspects of the fair and equitable treatment reasoning. First, the tribunal seemed to apply a strict "no dictionaries" principle: 357.
Simon Lester 12 Dec 2016 3 min read

The 15 Year Period of Not Litigating About Whether China is a Non-Market Economy Has Ended

The 15 year period after China's WTO accession during which litigation about the treatment of China as a "non-market economy" was put on hold has now expired, and the litigation can commence. This is from Inside US Trade: China this week wasted no time challenging the
Simon Lester 12 Dec 2016 1 min read

The International Aspects of the Republican Tax Plan (Probably) Violate WTO Law

Continuing from Simon’s interesting post on The GOP’s Response to VAT. . . .  In June 2016, the House Republican Tax Reform Task Force, led by Congressman and House Ways and Means Chair Kevin Brady, published a “Tax Reform Task Force Blueprint.”  The Blueprint proposes repealing the current corporate income tax,
Trachtman 10 Dec 2016 4 min read

The GOP's Response to the VAT

I've had a few questions from friends and reporters asking what I thought of the GOP tax plan set out here.  This is a key excerpt from the plan: Today, all of our major trading partners raise a significant portion of their tax revenues through value-added taxes (VATs)
Simon Lester 09 Dec 2016 6 min read

Welcome to Inu Manak

I wanted to welcome Inu Manak as a contributor to this blog. Inu was our research assistant at Cato's trade policy center, and she has been my co-author on several journal articles and op-eds. She is now a PhD student in poli sci at Georgetown (studying under Marc
Simon Lester 09 Dec 2016 1 min read

Talking About Brexit

Like most people, I didn't expect the UK voters to support Brexit. I figured this vote would be like all the other secession votes that come along, with a rejection at the end.  But with the vote going the way it did, whatever you think of the idea
Simon Lester 08 Dec 2016 1 min read

The Vattenfall Investment Arbitration

This is from the Financial Times: Germany’s highest court has ruled that the country’s utilities should be compensated for the government’s decision in the wake of the Fukushima disaster to shut down all Germany’s nuclear reactors. The decision by the Constitutional Court in Karlsruhe is a
Simon Lester 07 Dec 2016 1 min read

The WTO Plain Packaging Panel Report

The WTO panel in the plain packaging case tells us that the report will be circulated to the parties "not before" May 2017.  So what does that mean for those of us who are not parties, but rather mere members of the public?  For some indication, but not
Simon Lester 07 Dec 2016 1 min read

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International Economic Law and Policy Blog

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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

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

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