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More on the China - Rare Earths Appeal: Some Technical and Boring Issues

Here's a brief rundown of what's going on in the China - Rare Earths dispute, which involves three separate complaints -- DS431 (US); DS432 (EU); and DS433 (Japan) -- that were merged into one panel proceeding, and resulted in three panel reports circulated in a single
Simon Lester 02 May 2014 1 min read

A PhD in Trade, Investment, and IP

From the University of Aberdeen: Technology has a key role in addressing the contemporary challenges of society, from health to communications to energy. These are global issues, given the location of key natural resources in developing countries, and the nature of the markets for health, communication and energy.  Development and
Simon Lester 02 May 2014 1 min read

Alemanno study on TTIP for European Parliament

Those interested in regulatory convergence issues in TTIP might like to know about a newly published study commissioned by the European Parliament: Alberto Alemanno, 'The Transatlantic Trade and Investment Partnership and the parliamentary dimension of regulatory cooperation'. It is available here: /content/files/RegData/etudes/etudes/join/2014/
Lorand Bartels 02 May 2014 1 min read

Regional Trading Blocs or Fortresses?

In a likely response to the U.S.-led “Trans-Pacific Partnership (TPP),” China mulls the formation of an “Asia-Pacific Free Trade Agreement (FTAAP).”  China’s assistant commerce minister, Wang Shouwen, reportedly stated that a working group might be established to discuss the feasibility of the FTAAP.  Wang was quoted to
Sungjoon Cho 01 May 2014 1 min read

Investor State Conference at Cato

As this blog's readers are well aware, I've taken an interest in international investment law in the past few years, and am skeptical of the existing system. My Cato colleague Dan Ikenson has doubts as well.  But beyond our specific criticisms, we would really like to
Simon Lester 29 Apr 2014 2 min read

Is Investment Arbitration Going To Swallow WTO Dispute Settlement?

This is from Roger Alford at Opinio Juris: despite the assumption that international trade disputes must be resolved before the WTO DSB, the existence of broad umbrella clauses in BITs present a promising vehicle for enforcing investment commitments in trade agreements. ... umbrella clauses in BITs could create a private right
Simon Lester 27 Apr 2014 1 min read

Energy, Resources and Environmental Issues in International Law

From the The Canadian Council on International Law: Combustion: Energy, Resources and Environmental Issues Igniting International Law November 13-15, 2014 - Ottawa, Ontario The Canadian Council on International Law is pleased to announce its 43rd Annual Conference: "Combustion: Energy, Resources, and Environmental Issues Igniting International Law". Practitioners and
Simon Lester 27 Apr 2014 1 min read

To Boldly Go Where No “Yarn” Has Gone Before…

My apologies if the title of this post ever disappoints sci-fi fans, but certain cashmere yarns from all over the world have now had an opportunity to trek to South Korea, and eventually to the United States. A number of regional trading agreements (RTAs) contain the “yarn-forwarding” rule.  This rule
Sungjoon Cho 25 Apr 2014 1 min read

How Far Will Canada Go to Smear Anti-Seal Hunt Activists?

Canada's latest move has been to attack the singer Morrissey, claiming that he compared the seal hunt to Auschwitz.  However, what Mr. Morrissey actually said was different.  He merely used the example of concentration camps to illustrate the moral argument that if something is intrinsically evil the fact
Rob Howse 24 Apr 2014 1 min read

Misleading Journalism about the WTO Seals Dispute

An article appearing in Sun New service by Jessica Hume gives a very misleading impression of the Seals case.  http://bit.ly/1rmpx15  The article appears in the guise of an interview with Geneva-based attorney and former Canadian official Brendan McGivern.  Of course, I don't know what Brendan
Rob Howse 23 Apr 2014 2 min read

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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

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

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