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A Daily Double of WTO Complaints

The latest two WTO consultations requests were both filed by Brazil: Thailand - Subsidies on Sugar 507 Brazil Thailand Apr 04, 2016 Agriculture, SCM Indonesia - Measures Concerning the Importation of Bovine Meat 506 Brazil Indonesia Apr 04, 2016 Agriculture, GATT, Licensing, SPS, TBT They were filed on the same
Simon Lester 11 Apr 2016 1 min read

More WTO Cases on Domestic Content Requirements for Solar Energy?

Last time, it was the U.S. challenging India. This time, it may be India challenging the U.S.: Charging Western nations with adopting double standards in their approach to climate change, Power Minister Piyush Goyal has said India file 16 cases against the US for giving protection to solar
Simon Lester 11 Apr 2016 1 min read

Trade Enforcement Advisory Opinions

This is from trade lawyers John Veroneau and Shara Aranoff: Congress should expand its use of Section 332 beyond general investigations by enabling the ITC to issue Trade Enforcement Advisory Opinions regarding specific allegations of trade violations. The process would work like this: A qualified U.S. company would file
Simon Lester 06 Apr 2016 2 min read

Legitimate Regulation or Disguised Protectionism: Lobster Bans

Clearly, this Swedish ban on certain U.S. lobsters is a legitimate regulation, right? Oversexed, overfed and over here: that, in a nutshell, is what the Swedes think of the American lobster from Maine, New England. It may be much sought after in restaurants but Sweden does not want the
Simon Lester 06 Apr 2016 2 min read

Trade in Everything: Used Clothing

From The Economist: GIKOMBA market, just north of Nairobi’s downtown, is a place to buy just about anything. At its entrance, where ragged minibuses push their way through rutted red mud, stalls sell piles of pillows, plastic toys, cutlery and soap. But the most common wares are second-hand clothing.
Simon Lester 04 Apr 2016 2 min read

Legitimate Regulation or Disguised Protectionism: Plastic Bag Bans

Clearly, this French ban on single use plastic bags is a legitimate regulation, right? As of 1 July this year, the distribution of “single-use plastic bags”, defined as bags thinner than 50 microns (0.05 millimetres), will be banned at shop tills. “And on 1 January 2017 the second stage
Simon Lester 04 Apr 2016 1 min read

A Modest Proposal: Trade Related Interests in Gun Rights

This seems like the appropriate day* to unveil a proposal I have for a new WTO agreement on trade and gun rights.  Given what is already covered by WTO rules, I don't see why it should be controversial. Recall that the TRIPS Agreement protects intellectual property rights, but
Simon Lester 01 Apr 2016 2 min read

More ISDS Discussion at Cato

Last week, I mentioned an ISDS event we will be having at Cato to talk about Lauge Poulsen's new book. We also have one coming up next week entitled “Investment Treaty Reform: The European Perspective,” with Rupert Schlegelmilch, Director of Services and Investment, Intellectual Property and Public Procurement
Simon Lester 31 Mar 2016 1 min read

Investment Complaints vs. Trade Complaints, by Respondent States

This chart from UNCTAD shows the top respondent states in investment disputes: And this table from WorldTradeLaw.net shows the top respondent states in WTO disputes: United States 126 EC/EU 82 China 34 India 23 Argentina 22 Canada 18 Brazil 16 Korea 16 Japan 15 Australia/Mexico 14 What,
Simon Lester 29 Mar 2016 1 min read

Protection of Foreign Investors under the German Constitution

This is from the EFILA blog: It has been argued that ISDS would not be necessary between developed States. ISDS would grant foreign investors additional rights and treat them better than domestic investors. That is – at least for Germany – not correct. And that is not due to an extraordinary high
Simon Lester 29 Mar 2016 1 min read

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International Economic Law and Policy Blog

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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