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What is "Market Access"?

There are a number of terms in the trade field that bug me because of their lack of clarity.  Different people use terms in different ways, and that makes for an ambiguous public discussion of the issues.  One example of this problem is the term "market access." The
Simon Lester 18 Jun 2013 4 min read

More on Consumer Opinion on COOL

By the way, it turns out some blog comments are being sent to a "comment spam" folder. My apologies if that has happened to you.  A comment I just discovered mentions a 2012 study about consumer opinion on mandatory country of origin labeling, a summary of which is
Simon Lester 18 Jun 2013 1 min read

Trade in Ship Recycling

I feel like there's a trade complaint in here somewhere, but I'm not sure exactly what it is (it probably involves looking closely at GATS commitments): A European effort to bar the use of potentially hazardous ship recyclers in India, Pakistan and Bangladesh has run aground,
Simon Lester 14 Jun 2013 1 min read

More TPP Secrecy Issues

Here's an excerpt from a letter by Senator Elizabeth Warren to USTR nominee Mike Froman: While I have no doubt that the President's commitment to openness is genuine, I am concerned about the Administration's record of transparency regarding the Trans-Pacific Partnership. Specifically, I am
Simon Lester 14 Jun 2013 2 min read

Privacy as a Reason for Discriminating Against American Service Providers

I think I can safely assume that everyone has heard about the U.S. government program which uses American internet companies to access the online activities of non-Americans, so I won't get into the details.  Not surprisingly, there have been some concerns expressed by law-makers outside of the
Simon Lester 11 Jun 2013 2 min read

How Did USTR Define "In Like Circumstances" During the FTAA Talks?

That's the subject of a long-running court battle.  Apparently, during the FTAA talks, USTR wrote a "white paper" in which it offered commentary on the interpretation of the phrase "in like circumstances" in the context of the investment chapter.  The Center for International Environmental
Simon Lester 09 Jun 2013 1 min read

Two Big WTO Jobs

... are posted here: The Secretariat of the WTO is seeking to fill the position of Director, Trade and Environment Division. Serving staff members interested in the position are also invited to apply. and here: The Secretariat of the WTO is seeking to fill the position of Chief Economist and Director,
Simon Lester 09 Jun 2013 1 min read

Do We Need Investor-State in TTIP?

I don't have a link or an exact quote, but I was watching the confirmation hearing for USTR nominee Mike Froman, and Sen. Sherrod Brown (a trade critic) asked something along these lines:  Given that EU property rights protection is pretty good, do we need investor-state in the
Simon Lester 06 Jun 2013 1 min read

Feed-In Tariffs as Subsidies

Recall that Japan was one of the complainants in the Ontario feed-in tariff WTO case.  As the Washington Post explains, Japan has a similar program: The tariff, launched in July, obligates utility companies to buy electricity from renewable sources — solar, wind and geothermal, for example — at fixed prices. In most
Simon Lester 06 Jun 2013 1 min read

Summer IP Course

From my friends at the Chinese University of Hong Kong and the World Trade Institute: The Law Faculty of the Chinese University of Hong Kong and the World Trade Institute of the University of Bern in Switzerland (WTI), are jointly organizing the second edition of the Summer Programme on International
Simon Lester 06 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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