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Attribution of the measures of an international organization to a member in the Russia - Tariff Treatment panel report

I was curious to know why the panel report in Russia - Tariff Treatment found violations by Russia because of duties that it was 'required' to apply. It turns out that the reason for this terminology is that the duty rates at issue were adopted, as a Common
Lorand Bartels 14 Aug 2016 4 min read

Trump on Trade: The one comparative advantage he may know is his own

The usual suspects will doubtless be outraged by Trump’s economic policy speech today in Detroit, where he declared in almost no uncertain terms autarchy (a purely national self-sufficient economy) as the goal of his economic plan:  “American cars will travel the roads, American planes will connect our cities, and
Rob Howse 08 Aug 2016 4 min read

Gary Born Defending Investment Arbitration

Global Arbitration Review published a summary of an interview with Gary Born about international arbitration. Here's an excerpt, focusing on the investment arbitration part: Interviewed as part of a New York International Arbitration Centre event in memory of its late founding chair, Judith Kaye, Born addressed a range
Simon Lester 08 Aug 2016 5 min read

President Obama on the TPP

From a press conference today: Q    Thank you, Mr. President.  You're here today touting the Trans-Pacific Partnership, but Hillary Clinton is against it.  Her vice presidential nominee, Tim Kaine, has now reversed himself and is now against it.  Donald Trump is, too, meaning that the next President is
Simon Lester 02 Aug 2016 4 min read

Who Wrote the TPP?

Political scientists Todd Allee and Andrew Lugg have a new article showing that the TPP is textually more like U.S. FTAs than it is like the FTAs of other TPP parties: We evaluate the TPP in a new way by systematically comparing the recently-released text of the TPP to
Simon Lester 02 Aug 2016 3 min read

Tim Kaine on TPP

Democratic VP nominee Tim Kaine was interviewed on CNN about his position on the TPP: Kaine also denied he had changed his stance on the Trans-Pacific Partnership, insisting that he has not "shifted my position on that."Kaine voted to grant President Barack Obama fast-track authority to negotiate
Simon Lester 29 Jul 2016 1 min read

Trump's Trade Bilateralism

I've mentioned this before, but I'm still baffled. This is from GOP VP nominee Mike Pence: “With the TPP, it feels a little bit like Obamacare, you remember when Nancy Pelosi said, ‘we gotta pass this bill so we can find out what’s in it,
Simon Lester 28 Jul 2016 1 min read

Hillary Clinton's Position on the TPP

This is from Politico: Virginia Gov. Terry McAuliffe, longtime best friend to the Clintons, said Tuesday that he believes Hillary Clinton will support the TPP trade deal if elected president, with some tweaks. “I worry that if we don’t do TPP, at some point China’s going to break
Simon Lester 28 Jul 2016 2 min read

The UK's Trade Relationship with the EU

The FT explains how complicated this is: Membership of the EU’s customs union — that is, having a common external tariff applied to imports from the rest of the world — is a separate issue to membership of its single market. Norway, for example, is a member of the single market
Simon Lester 28 Jul 2016 1 min read

Two Brexit Questions

These Brexit questions are from Federico Ortino: 1) Assume 10 large WTO Members had formed an FTA in 1980, which provides 0 tariff for all industrial products traded within the FTA. Negotiations in the Uruguay round were done taking in to account such FTA. Say, a non-FTA WTO Member exporting
Simon Lester 27 Jul 2016 1 min read

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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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