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New AU funding system and the WTO

At its July 2016 summit in Kigali, Rwanda, the AU Assembly held a special retreat to consider new proposals intended to ensure that the AU “is financed in a predictable, sustainable, equitable and accountable manner with the full ownership by its Member States”. The new funding proposal adopted by the
Melaku Desta 10 Sep 2016 3 min read

Polling the TPP

The Chicago Council on Global Affairs has a new poll on Americans' views on trade issues. Their results showed a lot of support for free trade, which surprised me a bit given the current campaign rhetoric.  Here's what they found on the TPP: Perhaps no other trade
Simon Lester 09 Sep 2016 2 min read

A Defense of Zeroing

This is from a dissenting opinion in today's Appellate Body report in U.S. - Washing Machines, with the dissenter arguing that zeroing should be permitted in the context of "pattern" transactions under the second sentence of AD Agreement Article 2.4.2: 5.1.10
Simon Lester 07 Sep 2016 6 min read

Hillary Clinton's Trade Team

The polls are tightening a bit (gulp), but it still seems likely that Hillary Clinton will be the next U.S. President. If that happens, the choices for who in her administration runs trade policy will be very important. Roughly speaking, I would say the Democratic Party includes three views
Simon Lester 06 Sep 2016 3 min read

Appellate Body Update

From Monday's DSB meeting: Chair's statement on Appellate Body matters The DSB Chair, Ambassador Xavier Carim (South Africa), reminded delegations that the deadline for nominations of candidates to fill the vacancy left by the non-reappointment of Mr Seung Wha Chang is 14 September 2016. He also
Simon Lester 06 Sep 2016 1 min read

Sorting Out the UK/EU Dispute Settlement Obligations after Brexit

What would Brexit mean for the UK in relation to past WTO disputes involving the EU? This is from Samuel Lowe: We don’t eat much American beef in the UK. One of the reasons for this is because the EU bans the import of beef sourced from cows pumped
Simon Lester 04 Sep 2016 2 min read

CETA vs. TTIP

Is TTIP going to be sacrificed to save CETA? That's one interpretation of what's going on right now: German economy minister Sigmar Gabriel triggered a bit of a panic this weekend when he said the talks for a trade accord with the United States have “de
Simon Lester 01 Sep 2016 2 min read

Guest Post: New raw materials dispute revives trade tensions between China and the US/EU

This is a guest post from Ilaria Espa of the World Trade Institute  The third WTO dispute targeting China’s regime of export restrictions on raw materials is around the corner. Between June and August, the US and the EU filed separate requests for consultations, later supplemented (here and here)
Simon Lester 01 Sep 2016 6 min read

The Impact of International Economic Law on Tobacco and Public Health

If you are interested in trade, tobacco and public health, as I am, law prof Sergio Puig has a new paper on tobacco litigation in international courts. There's a lot in there, and I couldn't possibly discuss everything in this blog post. I'm going
Simon Lester 30 Aug 2016 3 min read

National Courts vs. International Arbitration

Over at EJIL: Talk!, David Caron and Esme Shirlow comment on the backlash against investment arbitration and international economic law more generally, and say this: For many, the assumption is that investment disputes, absent an arbitration mechanism, will go to the national courts of host States. This has been proposed
Simon Lester 26 Aug 2016 1 min read

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International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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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