International Economic Law and Policy Blog
  • Home
  • About
  • WorldTradeLaw.net
Sign in Subscribe

Investor-State and Section 337

Bear with me for a second, I'm going to play a little fast and loose with the facts of an actual case here.  Consider the following scenario. Imagine Samsung has built an assembly factory for its smartphones and tablets here in the U.S.  It imports some components
Simon Lester 04 Feb 2013 1 min read

First Movers in Trade Agreements

A reader emails with this question: Are there any studies on the advantage of being a “first mover” in trade negotiations, and whether that makes a difference?  An example is the EU and GIs – does it benefit the EU to get out ahead and negotiate a series of free trade
Simon Lester 29 Jan 2013 1 min read

Retaliation Against Antigua's Retaliation

So let's say Antigua goes ahead with retaliating against the U.S. in the Gambling case.  How might the U.S. respond?  Here's one suggestion: A lawyer for a group on intellectual property rights warned on Monday that the tiny island nation of Antigua could face
Simon Lester 29 Jan 2013 1 min read

Aircraft Subsidies and the Return of Japan-Bashing

As the U.S. and EU continue to battle over whether billions of dollars in aircraft subsidies violate WTO rules, the NY Times has a strange article that -- perhaps time travelling back to the 1980s -- seems to think it has identified the real culprit: Japan!  OK, that may
Simon Lester 29 Jan 2013 3 min read

IEL MOOCs - Update

A little while back, I asked who would do the first international economic law MOOC (massive open online course).  If you interpret IEL broadly enough, we have a winner: The Law of the European Union, offered through Coursera, by a Leiden University professor. But there are still many opportunities for
Simon Lester 25 Jan 2013 1 min read

Antigua's Proposed Retaliation

In the comments on an older post, Brett Williams points to some news about Antigua's proposed retaliation in the Gambling case: http://torrentfreak.com/antigua-government-set-to-launch-pirate-website-to-punish-united-states-130124/  He then asks: Can anyone provide any information about the outcome of the GATS Article XXI renegotiation initiated by the US. I could
Simon Lester 24 Jan 2013 1 min read

AB Member Tom Graham at Hofstra

Appellate Body Member Tom Graham will be giving a talk at Hofstra on Feb. 6 entitled “It Sure Looks Different From the Inside: Deciding International Trade Disputes at the WTO”. The title sounds promising, and from what I understand he will talk a bit about the use of the Vienna
Simon Lester 24 Jan 2013 1 min read

A Great Paper Title

The title is:  "I just read 296 trade agreements".  (Thanks to Hosuk Lee-Makiyama for the tip!) The substance is interesting, too: ... the first question that arises is: "Why do countries sign EIAs?" … The second question is: "What are they signing?" Empirical studies extensively show
Simon Lester 23 Jan 2013 2 min read

Rethinking Intellectual Property Rights, to Get Trade Negotiations Moving

Susan Aaronson has a short piece proposing some rethinking of intellectual property rights. She starts out with this: Rules governing intellectual property rights set the terms of access for users of knowledge, but the current system (which includes rigorous application of patent and copyright laws) can limit the supply of
Simon Lester 22 Jan 2013 2 min read

A Multilateral Investment Agreement

Anders Aslund of the Peterson Institute proposes a Mutilateral Investment Agreement (MIA) (not to be confused with the failed 1990s Multilateral Agreement on Investment (MAI)).  I found his proposal intriguing because, as I read it, he may be making subtle suggestions about how to approach international investment issues in a
Simon Lester 16 Jan 2013 2 min read

About

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

Sign up for email notifications

[email protected]
Subscribe

Featured

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

Topics

2008 Presidential Election

25 posts

2012 Republican Primary

6 posts

2020 Democratic Primary

22 posts

2020 Presidential Campaign

6 posts

2024 Presidential Campaign

9 posts

2024 Republican Primary

9 posts

Announcements

25 posts

Appellate Body

72 posts

CAFTA

5 posts

CETA

8 posts

Currency Disputes

57 posts

Development

23 posts

Digital Trade

55 posts

Domestic Trade Powers

10 posts

Dormant Commerce Clause

3 posts

DSU 25 Interim Appeals

43 posts

DSU Article 11

13 posts

Economic Integration

8 posts

Economic Statecraft

8 posts

EU-UK Trade Negotiation

5 posts

Exceptions

19 posts

Exchange Rates

5 posts

Export Restrictions

13 posts

Food Aid

5 posts

Foreign Investment

21 posts

FTA Negotiations

12 posts

FTAs - General

21 posts

Gambling Dispute

52 posts

Global Governance

9 posts

Globalization

13 posts

Government Procurement

5 posts

Green Steel Deal

14 posts

IEEPA

8 posts

IEL in Domestic Courts

20 posts

Indo-Pacific Economic Framework

5 posts

Industrial Policy

19 posts

Investor-State Arbitration

93 posts

Jamieson Greer

15 posts

Katherine Tai

66 posts

NAFTA

18 posts

NAFTA Chapter 11

15 posts

NAFTA Chapter 19

5 posts

National Security

37 posts

Non Appeal Pact

3 posts

Non-Discrimination Standards

59 posts

Non-Market Economies

5 posts

Non-Violation Nullification or Impairment

16 posts

Precedent

25 posts

Public Views of Trade

9 posts

Rare Earths

1 post

Robert Lighthizer

17 posts

Russia Trade Sanctions

17 posts

Sanctions

15 posts

Sovereignty

9 posts

Speech

1 post

SPS/TBT

5 posts

Standards of Review

7 posts

State Enterprises

7 posts

Sub-National Trade Issues

5 posts

Subsidies

83 posts

Tariffs

2 posts

Terms of Trade Manipulation

6 posts

Trade Agreements

16 posts

Trade and Competition

14 posts

Trade and Development

20 posts

Trade and Environment

117 posts

Trade and Health

20 posts

Trade and Human Rights

8 posts

Trade and Income Inequality

1 post

Trade and Intellectual Property

25 posts

Trade and Labor

23 posts

Trade and Peace

4 posts

Trade and Security

32 posts

Trade and the Stock Market

2 posts

Trade Balance

9 posts

Trade in Everything

65 posts

Trade in Services

21 posts

Trade Law and International Law

9 posts

Trade Preferences/GSP

23 posts

Trade Remedies

62 posts

Trans Pacific Partnership

8 posts

Trump Administration

45 posts

U.S. Trade Policy

29 posts

U.S. Trade Politics

58 posts

US-China Trade Relations

26 posts

USMCA

18 posts

USMCA Dispute Settlement

33 posts

USMCA Sunset/Review Clause

18 posts

USTR

15 posts

WTO - General

20 posts

WTO Accessions

8 posts

WTO Disputes

175 posts

WTO DS Reform

12 posts

WTO Jurisprudence

28 posts

WTO Negotiations

30 posts

Zeroing

29 posts
Powered by Ghost