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Short-Term Funding Opportunity for Researchers on Law and Economics of Trade Dispute Settlement

From my friends at the Graduate Institute: The Graduate Institute of Geneva is offering up to 5 research fellowship for short-term period (3 months) in the context of the EU-funded Marie-Curie Initial Training Network “DISSETTLE” (Dispute Settlement in Trade: Training in Law and Economics). The basic gross salary is in
Simon Lester 18 Feb 2014 1 min read

An Investment Exception in the Australia - Korea FTA

This is from Article 22.1 (general exceptions) of the just released Australia-Korea FTA: 3. For the purposes of Chapter 11 (Investment), subject to the requirement that such measures are not applied in a manner which would constitute arbitrary or unjustifiable discrimination between investments or between investors, or a disguised
Simon Lester 17 Feb 2014 2 min read

WTO Panel/AB Rulings as RTA Precedent

From the Australia-Korea FTA: ARTICLE 20.5: RULES OF INTERPRETATION ... Where an obligation under this Agreement is identical or substantially identical to an obligation under the WTO Agreement, the panel shall adopt an interpretation which is consistent with any relevant interpretation established in rulings of the DSB. ... So what happens
Simon Lester 17 Feb 2014 1 min read

Register Now for the Appellate Hearing in Seal Products

From the WTO: Following a request from the participants in the disputes European Communities — Measures Prohibiting the Importation and Marketing of Seal Products (EC — Seal Products)(WT/DS400 / WT/DS401), the Appellate Body in these appellate proceedings has decided to open the oral hearing to public observation by delegates of
Simon Lester 16 Feb 2014 1 min read

Spying on Trade Lawyers

From the NY Times: A top-secret document, obtained by the former N.S.A. contractor Edward J. Snowden, shows that an American law firm was monitored while representing a foreign government in trade disputes with the United States. ... The government of Indonesia had retained the law firm for help in
Simon Lester 16 Feb 2014 1 min read

The Precautionary Principle vs. Cost-Benefit Analysis

Should the U.S. adopt the precautionary principle?  Should the EU rely more on cost-benefit analysis? Or maybe this is a better question: Does U.S. and EU regulation rely on anything that could reasonably be called cost-benefit analysis or the precautionary principle? These are questions that come to mind
Simon Lester 11 Feb 2014 1 min read

An Equal Protection Clause for Investment?

This is from the draft CETA investment chapter I mentioned yesterday: 2. A Party breaches the obligation of fair and equitable treatment referenced in paragraph 1 where a measure or series of measures constitutes: ... d. Targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; This provision
Simon Lester 06 Feb 2014 1 min read

A Draft CETA Investment Text

... is here: http://www.tradejustice.ca/wp-content/uploads/2013/08/CETA-Draft-Investment-Text-Nov21-2013-203b-13.pdf It's fascinating, in a lot of different ways.  Read it and enjoy, if you like this sort of thing.  I'll mention some personal highlights based on a quick skim: -- it doesn't
Simon Lester 05 Feb 2014 1 min read

Luca Rubini on the Canada - Renewable Energy/FIT Case

I think we are all still puzzling over what to make of the Appellate Body's reasoning in the Canada - Renewable Energy/FIT case.  Luca Rubini has some thoughts in a new paper.  Here's an excerpt: the fact that the market is even fundamentally distorted, to
Simon Lester 05 Feb 2014 1 min read

Plain Packaging of Marijuana?

In the comments, Tom Miles of Reuters asks a great question, one that I had been wondering about: I've been thinking about the question of tobacco control legislation from the perspective of a nascent marijuana industry, and would be interested to know if any of your readers think
Simon Lester 05 Feb 2014 1 min read

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International Economic Law and Policy Blog

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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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