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“It Always Seems Impossible, Until It’s Done”: Some Post-Bali Reflections

Finally, a happy ending!  The Bali package has been delivered after a couple of serious last-minute hiccups, such as here and here.  Concededly, the Bali package is subject to the typical half-full/half-empty evaluation.  True, the Bali Ministerial Conference was originally designed to be sort of “rescue exercise” even at
Sungjoon Cho 07 Dec 2013 2 min read

International Law as Factual Evidence in WTO Disputes

From the EC - Seal Products panel report: 7.292. The European Union points out that the protection of the economic and social interests of Inuit or indigenous communities is recognized at the international level as illustrated, for example, in the United Nations Declaration on the Rights of Indigenous Peoples
Simon Lester 05 Dec 2013 1 min read

Australia Concedes a Bit on Investor State

From the Guardian: Australia has finished negotiations for a free trade agreement with South Korea, paving the way to reduce and scrap tariffs on key exports, the prime minister says. The proposed deal includes a controversial investor-state dispute settlement mechanism – but the government says it has secured safeguards to ensure
Simon Lester 05 Dec 2013 1 min read

Couldn’t We Just Deliver the Original Doha-Lite Package?

The longest trade round ever is now facing its Hamletian moment.  The hard-won optimism under the new WTO leadership has recently evaporated as a thorny issue of food security remains contested.  To most observers of the Doha round, the current stalemate is a frustrating déjà vu.  We were in this
Sungjoon Cho 04 Dec 2013 3 min read

BP and the TTIP

From the Washington Post: The British government has taken the unusual step of filing a brief in a Texas federal court in support of BP in its quest to get the Environmental Protection Agency to lift a ban on the British oil firm’s ability to bid for federal contracts,
Simon Lester 04 Dec 2013 1 min read

The Bali Ministerial [Failed/Succeeded]: Yawn

I don't know what's going to happen at the Bali Ministerial this week. I'm not very good at predicting these things.  But whatever happens, I probably won't be all that excited one way or the other.  That's because the issues
Simon Lester 02 Dec 2013 2 min read

Some comments on Seals

A few quick comments on the run about the Seals panel decision, focussing only on the non-discrimination claims for now: -       As to the TBT 2.1 claim, and specifically the IC exception, it’s worth noting that, despite the result, the Europeans got most of what they argued for
Andrew Lang 28 Nov 2013 3 min read

Dealing with Frivolous Investor State Claims

Here's more from that Commission document mentioned in the last post: In order to discourage 'long shot' and frivolous claims by investors, the EU has agreed provisions to enable tribunals to dismiss such claims quickly and also to require that all litigation costs are borne by
Simon Lester 27 Nov 2013 1 min read

Can the European Commission Save Investor State from its Critics?

From a document just released by the European Commission, entitled "A new start for investment and investment protection": 4. What is the EU doing to improve investment protection rules? The Commission’s aim is to bring improvements on two fronts (1) to clarify and improve investment protection rules
Simon Lester 27 Nov 2013 2 min read

Scapegoating India for the Impasse in WTO Talks (and Denying the Real Causes)

A story from Reuters http://reut.rs/1a0As7m has been circulating in the last hours that the blame for the collapse of the WTO talks is almost entirely India's. The theory is that the "electioneering" of the Indian government has led it to reject the peace
Rob Howse 27 Nov 2013 3 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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