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Beer vs. Pot in Trade Law

From the FT: A marijuana hangover is starting to hit the beer industry. At the beginning of last month, Colorado became the first US state to allow the sale of pot for recreational use. The end of pot's prohibition has rattled the beer industry for years, raising fears
Simon Lester 04 Feb 2014 1 min read

GATT Articles III:4/I:1 vs. TBT 2.1

From the EU's other appellant submission in EC - Seal Products: 284. The European Union appeals the Panel's finding that it "do[es] not consider that the legal standard with respect to the non-discrimination obligation under Article 2.1 of the TBT Agreement 'equally
Simon Lester 03 Feb 2014 2 min read

Dealing with Frivolous Investor State Claims

This is from what looks like a fairly recent (November 2013) leaked draft of the CETA text: Article x-14: Claims Manifestly Without Legal Merit 1. The respondent may, either no later than 30 days after the constitution of a tribunal pursuant to Article x- (Constitution of Tribunal) and in any
Simon Lester 03 Feb 2014 1 min read

The Seal Products Appeals

Canada's is here; Norway's is here. It's hard to predict how these appeals will go.  What issues will the AB focus on?  How much of the panel's findings will the AB revise?  Maybe the oral hearing will give us an indication. In
Simon Lester 30 Jan 2014 1 min read

Later vs. Earlier Treaties Under the VCLT

As all of you international law experts out there know far better than I do, Article 30(3) of the VCLT states: 3. When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated or suspended in operation under
Simon Lester 28 Jan 2014 1 min read

ISDS in TTIP: Are Specific Scheduled Obligations and/or Direct Effect a Way Forward?

I read Karel de Gucht's Dusseldorf speech this past Wednesday with interest, not only for the question Simon rightly raises.  It is plausible that ISDS, and the proposed substantive obligations, would provide greater protection from abuse, and greater incentives to invest, where the host country has less reliable
Trachtman 25 Jan 2014 1 min read

Defending Investor-State: What Are the Government Actions That Are at Issue?

EU Trade Commissioner Karel De Gucht gave a speech on the TTIP today.  In it, he said this about investor-state: Investment agreements also exist for a reason. Europe's economy – and Germany's in particular – benefits from the investments our companies make in other countries. And it is
Simon Lester 22 Jan 2014 1 min read

Coercive Economic Measures

The Faroe Islands' WTO complaint against the EU related to herring is going to be really interesting.  We might finally get some guidance on an issue I find challenging:  How to deal with "coercive economic measures."  Here's how the panel request in the case starts:
Simon Lester 22 Jan 2014 1 min read

The European Commission Wants Input on ISDS

From the European Commission: EU Trade Commissioner Karel De Gucht today announced his decision to consult the public on the investment provisions of a future EU-US trade deal, known as the Transatlantic Trade and Investment Partnership (TTIP). The decision follows unprecedented public interest in the talks. It also reflects the
Simon Lester 21 Jan 2014 1 min read

NSA Spying and Economic Policy

From today's Presidential Policy Directive on Signals Intelligence Activities: (c) The collection of foreign private commercial information or trade secrets is authorized only to protect the national security of the United States or its partners and allies. It is not an authorized foreign intelligence or counterintelligence purpose to
Simon Lester 17 Jan 2014 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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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