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Investor-State Reform

UNCTAD has a recent paper which discusses options for reform of the investor-state system. Here's one possible path they set out: 3. Limiting investor access to ISDS This option envisages narrowing down the range of situations in which investors may resort to ISDS. This could be done in
Simon Lester 07 Jul 2013 2 min read

Comparing the KORUS and Korea-EU FTA Texts

A number of people have suggested that a good way to approach the US-EU trade talks is to use the texts that each side has recently completed with Korea, in order to see where the similarities and differences are.  In that regard, my friends at Sidley have prepared a comparison
Simon Lester 07 Jul 2013 1 min read

Ecuador Renounces Some Trade Preferences

From the Washington Post: The leftist government of Ecuador, under pressure from the Obama administration for considering a request for sanctuary from the American intelligence leaker Edward Snowden, announced Thursday that it will back out of a preferential trade pact with the United States that top Ecuadoran officials say is
Simon Lester 28 Jun 2013 1 min read

Carrots vs. Sticks in Bangladesh

This is from Kim Elliott: If President Obama and new U.S. Trade Representative Michael Froman were serious about improving working conditions in Bangladesh—and about “working to foster development through trade,” as Ambassador Froman said at his swearing in—they would do the opposite of what they are doing.
Simon Lester 28 Jun 2013 1 min read

Suspending Trade Preferences for Bangladesh

The big trade news from today is that President Obama has decided to exclude Bangladesh from the GSP program: As part of this year’s review, the Administration also considered petitions to withdraw or suspend certain countries’ eligibility for GSP benefits based on statutory criteria, including whether a country is
Simon Lester 27 Jun 2013 2 min read

Trade and Extradition

From the NY Times: In recent months, Mr. Correa’s government has been in Washington, lobbying to retain preferential treatment for some key Ecuadorean products. But that favored status, which means keeping thousands of jobs in Ecuador and cheaper goods for American consumers, could be among the first casualties if
Simon Lester 25 Jun 2013 2 min read

Maybe Free Trade and the Environment Can Get Along

From a climate change speech today by President Obama: And I'm directing my administration to launch negotiations toward global free trade in environmental goods and services, including clean energy technology, to help more countries skip past the dirty phase of development and join a global low-carbon economy.  They
Simon Lester 25 Jun 2013 1 min read

A Developing Country Defends Investor-State

It's not just rich countries who defend investor-state.  This is from the Malaysian Ministry of International Trade and Industry, in the context of the TPP: I. Investor – State Dispute Settlement (ISDS) and Sovereignty  * On the issue of ISDS, foreign investors are drawn to Malaysia not only by economic
Simon Lester 25 Jun 2013 1 min read

Maybe We Should Discriminate with Patents Based on Field of Technology

A couple months ago, I quoted Article 27.1 of the TRIPS Agreement, and then asked: Why shouldn't countries discriminate in relation to patents based on the field of technology?  Aren't some patents more valuable to society than others?  Aren't patents for pharmaceuticals more
Simon Lester 24 Jun 2013 1 min read

Who Was the Real Loser in the FIT Case?

I'm a little fuzzy on the details, but seems like maybe it was Samsung. This is from Wind Power Monthly: The green energy deal between Ontario and the South Korean  manufacturer was signed in 2010 but has been subject to a number of  revisions since. The contract has
Simon Lester 24 Jun 2013 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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