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Does TTIP Need ISDS? Part II

The European Parliament's Committee on International Trade held a workshop on ISDS on Tuesday. I had a little trouble viewing the recorded video, but try these links. I was particularly interested in the response given by Rupert Schlegelmilch of the European Commission to the question, "Where is
Simon Lester 02 Apr 2014 1 min read

Domestic Regulation and Services Trade in the WTO: What scope is there for enhanced disciplines?

A guest post by Aik Hoe Lim and Bart De Meester [1]: Recent disputes concerning Article 2.2 of the TBT Agreement – in particular US - Tuna II (Mexico) and US - Clove Cigarettes – have focused attention on measures that, even when not discriminatory, may constitute barriers to trade in
Simon Lester 02 Apr 2014 5 min read

Free Trade Is a Two-Way Street, and So Is Protectionism

Daniel Ikenson (Cato Institute) made an insightful observation in a blog post (“WTO Indictment of Chinese Export Restrictions Unearths U.S. Hypocrisy”).  Here are some excerpts from his post. “During the last decade (2000-2009), four out of every five antidumping measures (79.4%) were imposed on imported intermediate goods.  Over
Sungjoon Cho 01 Apr 2014 1 min read

Does TTIP Need ISDS?

From the FT last week: Mr De Gucht said the negotiations to create what would be the world’s biggest free trade zone would be at risk if an investor-state dispute settlement mechanism was not part of the proposed deal. “I doubt it,” he responded when asked if the pact
Simon Lester 31 Mar 2014 1 min read

Protectionism, Health, and the Purpose of Country of Origin Labelling

From a ruling last week on the U.S. COOL measure by the U.S. Court of Appeals for the DC Circuit: What then are the government interests here? AMI argues that the rule merely satisfies consumers’ curiosity. But we can see non-frivolous values advanced by the information. Obviously it
Simon Lester 31 Mar 2014 1 min read

What Are the "Cogent Reasons" that Could Justify Not Following AB Precedent?

From yesterday's DS449 WTO panel report: 7.317. ... In our view, bearing in mind the Appellate Body's particular function in the WTO dispute settlement system, reasons that could support but would not compel a different interpretative result to the one ultimately adopted by the Appellate Body
Simon Lester 28 Mar 2014 1 min read

Legal Analysis of the Trade Facilitation Agreement

I still don't know much about the Trade Facilitation Agreement, but law prof Antonia Eliason does, and she has written an article about it.  Here's the abstract: This article provides a first analysis of the new WTO Trade Facilitation Agreement, tracing it from its origins in
Simon Lester 28 Mar 2014 1 min read

Associate Editor Position

From the MJIEL: ASSOCIATE EDITOR/S FOR THE MANCHESTER JOURNAL OF INTERNATIONAL ECONOMIC LAW (MJIEL) The MJIEL is looking for Associate Editor/s with a proven and distinguished record in research in the field of International Economic Law to work with Professor Asif H Qureshi and Dr Xuan Gao and
Simon Lester 28 Mar 2014 1 min read

Trade Constitution 2.0

Both Professor Howse and Simon raised an important issue in the China-Rare Earths panel report, whose full ramifications, I believe, would go beyond this particular dispute.  To me, the panel’s ostensibly nebulous position on GATT Article XX denotes hermeneutical birth pangs for the “Trade Constitution 2.0.”  What I
Sungjoon Cho 28 Mar 2014 2 min read

China - Rare Earths: Some Systemic Issues

The China - Rare Earths WTO panel report was circulated yesterday. What's jumping out at me in the report are some really interesting systemic issues. First, there is some good stuff about the role of precedent, and when a WTO panel might depart from prior Appellate Body reasoning
Simon Lester 27 Mar 2014 1 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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