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Some IP Protections Probably Go Too Far

This is from Fredrik Erixon of Brussels think tank ECIPE: Thirdly, it is difficult to find economic justifications to put copyright concerns in the top league of priorities. Copyrights are already much longer than is economically motivated. There is not an efficient system for global registration and transfers of copyrights;
Simon Lester 13 Jul 2015 1 min read

WHEN THE APPELLATE BODY REFORMULATES WITHOUT JUSTIFICATION A CANON OF INTERPRETATION: CONSEQUENCES FOR CHINA'S EXCHANGE RATE LEGAL STATUS

The canon of interpretation ejusdem generis states that where a listing of particular persons or things is FOLLOWED by a general term, the general term must refer to the same kinds of persons or things previously listed. In other words, the general term is limited by things ejusdem generis -
Marc Benitah 12 Jul 2015 2 min read

The TPP and Jobs

I wish there were a lot less talk of the TPP leading to massive job losses or job gains, and instead people said more sensible things like this, from Ted Moran: But economists are taught—as a matter of theory—that trade agreements cannot be expected to create a greater
Simon Lester 10 Jul 2015 1 min read

More from the Productivity Commission on ISDS

We discussed what Australia's Productivity Commission thought of ISDS back here.  Now they have something more to say, but I couldn't do anywhere near as good a job explaining it as Esme Shirlow did over at the Kluwer Arbitration Blog.  Here's an excerpt, but
Simon Lester 10 Jul 2015 1 min read

Piketty, Globalization, and the Inequality Puzzle inside the Higher Income Bracket.

In his book, Capital in the Twenty-First Century, Thomas Piketty establishes a fact that many people have not suspected. Whereas many suspected the confirmed fact that a gap has opened up after the seventies between the top 10 percent and average income earners, many did not suspect that the gap
Marc Benitah 08 Jul 2015 2 min read

Is ISDS Private or Public?

I've always assumed that when you have an international investment treaty, which sets out obligations that states have to follow (and are subject to legal claims when they do not), this is public international law.  That is the case even if the "judges" hearing the claim
Simon Lester 07 Jul 2015 2 min read

A Few Thoughts on the TPP

People keep asking me what I think of the TPP.  Given that, aside from a few leaks, I haven't seen the text, I'm a little unsure how to answer.  It kind of depends what's in it.  Nonetheless, I offered some preliminary thoughts here.  An
Simon Lester 05 Jul 2015 1 min read

Two New WTO Law Books

I wanted to mention two new books on WTO law.  The first I've been reading; the second is in the mail and I'll read it soon. The one I've been reading is A History of Law and Lawyers in the GATT/WTO: The Development
Simon Lester 05 Jul 2015 2 min read

Guest Post #2 on India - Agricultural Products

This is a guest post from Geneva trade lawyer Adarsh Ramanujan:“Rebuttable” presumption of Article 2.2 inconsistency arising from Article 5.1 inconsistency? Continuing from my earlier post on the AB Report on India – Agricultural Products, I found another finding of the AB to be an interesting one – this
Simon Lester 02 Jul 2015 3 min read

Guest Post #1 on India - Agricultural Products

This is a guest post from Geneva trade lawyer Adarsh Ramanujan:‘Interpretation’ of the scientific standards? Thoughts about India – Agricultural Products I finally got around to reading the AB Report released earlier in June in the India – Agricultural Products. I found one of the claims raised by India to be
Simon Lester 02 Jul 2015 4 min read

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AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

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

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