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Seven of the Nine DG Candidates Speak Out

Thanks to the  efforts of leading WTO scholars and EUI professors Bernard Hoekman and Petros Mavroidis, today we have a better view of the perspectives and positions of seven of the nine candidates for Director-General of the WTO.  Their e-book Race for the WTP Director General job:  Seven candidates speak,
Rob Howse 03 Apr 2013 3 min read

Arms Trade Treaty

The General Assembly has approved the conventional weapons trade treaty.  While the treaty requires members to restrict exports in certain circumstances, it contains no reference to WTO law requirements, and Art. 26 on the relationship with other agreements seems to assert dominance. See Joost Pauwelyn's earlier post on
Trachtman 03 Apr 2013 1 min read

Is This One of Those Regulatory Trade Barriers Everyone Is Talking About?

One of the big issues in the US-EU trade talks is supposedly going to be "regulatory trade barriers."  Everyone agrees there are significant economic gains to be had by eliminating these barriers.  And I can imagine there are.  But one problem is, it is not really clear what
Simon Lester 02 Apr 2013 3 min read

Novartis, the Indian Supreme Court, and TRIPS

The Washington Post reports on a big patent decision at the Indian Supreme Court: India’s Supreme Court on Monday rejected a Swiss pharmaceutical company’s effort to patent an updated version of its cancer drug, a decision aimed at boosting a domestic generic drug manufacturing industry that supplies cheap
Simon Lester 02 Apr 2013 1 min read

Cybersecurity and Trade Conflict

Over at Opinio Juris, Roger Alford talks about some new U.S. cybersecurity legislation that bars federal government purchases of IT equipment “produced, manufactured or assembled” by entities “owned, directed, or subsidized by the People’s Republic of China” unless the head of the purchasing agency consults with the FBI
Simon Lester 28 Mar 2013 1 min read

Is the Biggest Trade in Cigarettes Battle Still Looming?

There has been a lot of excitement in the area of trade in cigarettes in recent years.  We've had the Clove Cigarettes case.  The Australian Plain Packaging case is starting up, and might spread if others adopt plain packaging.  Trade concerns have been raised about Canadian rules on
Simon Lester 27 Mar 2013 2 min read

The Future of the Publishing Industry and International Price Discrimination

Following-up on Perry's excellent post about the Supreme Court decision in Kirtsaeng v. John Wiley & Sons, Inc., I just wanted to offer some brief thoughts.  A couple months ago, I saw this post from economics blogger Tyler Cowen, titled "What does equilibrium look like for the
Simon Lester 22 Mar 2013 2 min read

Perry Bechky on IEL at SCOTUS

This is a guest post by Perry S. Bechky, Visiting Scholar at Seattle University School of Law and Senior Attorney at Dorsey & Whitney LLP. If you buy a book (or other copyrighted work), where does your right to resell it end?  Does the answer depend on whether the resale
Simon Lester 20 Mar 2013 4 min read

Malawi's Statement on the EU Tobacco Products Directive

At the latest TBT Committee meeting, Malawi has offered a very interesting communication (G/TBT/W/360) related to the EU's proposed Tobacco Products Directive.  In short, they think it violates various TBT Agreement provisions.  They raise several aspects of the measure in particular: * the ingredients bans: There
Simon Lester 20 Mar 2013 2 min read

Flett on the "Diagonal Vector Test"

James Flett of the European Commission has an interesting article in the latest JIEL issue, entitled "WTO Space for National Regulation: Requiem for a Diagonal Vector Test."  His focus is on de facto violations of the national treatment obligation. When I first saw the article, I thought about
Simon Lester 18 Mar 2013 2 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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