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Cross-Border Subsidies and Non-Violation Complaints

Weihuan Zhou and Victor Crochet have a new working paper called "Attribution to the State: A Critique of Cross-Border Subsidies," which combines two of my favorite issues: Cross-border subsidies and non-violation complaints. Here's the abstract: While industrial policy and subsidies proliferate worldwide, the emergence of cross-border
Simon Lester 02 Jun 2024 6 min read

Changing China's Trade Practices: Hope vs. Unilateral Tariffs vs. WTO Complaints

Former Biden administration official Peter Harrell recently argued that with regard to reform of China's economic practices (and political system), the original plan was to hope that economic ties would be enough, but when that didn't work the Trump administration imposed tariffs for this purpose: For
Simon Lester 31 May 2024 2 min read

SIEL Call for Papers: Navigating New Horizons: International Economic Law in a Changing World

This is from SIEL: The Ninth Biennial Global Conference of the Society of International Economic Law (SIEL) will take place on 9-11 July 2025 in Taipei (Taiwan), in collaboration with National Taiwan University (NTU). SIEL’s Ninth Biennial Global Conference will be in person and address the pressures of escalating
Simon Lester 31 May 2024 1 min read

Still Puzzling over Privacy Exceptions in Digital Trade Chapters/Agreements

There seems to be a lot of experimentation going on these days with exceptions for the protection of personal data/privacy in digital trade agreements/chapters. I've talked about the some of these exceptions in prior posts, but to be honest I think I missed some nuances as
Simon Lester 28 May 2024 8 min read

Guest Post: IMO Carbon Pricing Mechanism, the Equitable Transition of International Shipping, and WTO Law

This is a guest post from Goran Dominioni, Assistant Professor, School of Law and Government, Dublin City University  International maritime transport is the lifeblood of the global economy, accounting for about 80 percent of international trade (by volume). In July 2023, the International Maritime Organization (IMO)—the UN agency that
Simon Lester 23 May 2024 6 min read

Alan Sykes on Making WTO Appeals Discretionary

Stanford law prof Alan Sykes has posted a new paper entitled "The Utility of Appellate Review at the WTO and Its Optimal Structure." One part of the paper that I found particularly interesting was his call for any appeals body to have discretion over what appeals to hear:
Simon Lester 20 May 2024 4 min read

Guest Post: Time to regulate cross-border subsidies? Who decides?

This is a guest post from Luca Rubini, Senior Research Fellow in International Law, University of Turin This brief post has been triggered by yesterday’s delivery of the Opinion of Advocate General Capeta in the Fiberglass case currently pending before the European Court of Justice. The key legal issue
Simon Lester 17 May 2024 3 min read

U.S. Subsidies vs. Chinese Subsidies / Good vs. Bad Subsidies

At a press briefing with Ambassador Tai on the announcement that the Biden administration would maintain the Section 301 tariffs on China and add tariffs on a few additional products, a reporter asked the following question regarding U.S. vs. Chinese electric vehicle subsidies: The U.S. government is subsidizing
Simon Lester 16 May 2024 2 min read

Director of WTO Rules Division: Apply Soon!

If you are a trade remedies expert contemplating a career change, here's a great opportunity: The Secretariat of the WTO is seeking to fill a position of Director to lead the Rules Division. The Rules Division is responsible for all aspects of WTO work, legal and technical, in
Simon Lester 11 May 2024 1 min read

Anticipating the First USMCA RRM Panel Determination: A Look Back

By now, many will have heard that the first panel constituted under the USMCA Rapid Response Labor Mechanism (RRM) recently completed its determination as to whether there has been a Denial of Rights at the San Martín mine.  At the moment, we are waiting for the public release of the
Kathleen Claussen 09 May 2024 7 min read

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Beware the "Securitization" of Trade Policy

In recent years, U.S. trade policy has seen a creeping takeover by "security" concerns. The precise scope of these concerns is unclear, but they appear to cover both the traditional aspects of military-related security as well as the vague and amorphous concept of "economic security."
06 Oct 2025 4 min read

Stephen Miran on Tariffs and National Savings

In a speech earlier this week, Stephen Miran, who had been the Chair of the Council of Economic Advisers and is now a member of the Federal Reserve Board, made his case for a looser monetary policy. One aspect of his argument was that he thinks national savings will be
24 Sep 2025 4 min read

A GOP Tariff Working Group and Post-Trump U.S. Trade Politics

The Hill reported last week that a handful of pro-trade Republicans in Congress used some leverage during a vote about voting on tariffs – it's complicated, check out the details at the link for more! – to get a Republican working group on tariffs established: And [Tom] McClintock [R-CA] said
21 Sep 2025 4 min read

The Japan-U.S. Investment MOU: Centrally Planned Foreign Investment?

In the last post, Mona set out the basics of the Japan-U.S. MOU on "Strategic Investments" in the U.S. – or at least, a version of the MOU that was posted by the Japanese government online, although we don't know for sure if this is
14 Sep 2025 3 min read

Have the Japanese turned investment lemons into investment project lemonade?

Last week, the governments of the United States and Japan completed a Memorandum of Understanding (MOU) to flesh out the details of a $550 billion pledge to invest in the United States made as part of the bargain to ‘buy down’ the tariffs imposed on Japanese traded products.  For months,
11 Sep 2025 8 min read

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