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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
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
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

Non-Discrimination Obligations versus Other Obligations

This is from Canadian International Trade Minister Ed Fast, reacting to criticisms of the Canada - China investment treaty by opposition leader Tom Mulcair: “If he had actually read this treaty – which was tabled in the House of Commons almost six months ago – he would know that it will give Canadian
Simon Lester 18 Mar 2013 1 min read

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International Economic Law and Policy Blog

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Featured

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

My Questions for Chad on China in the World Trading System

At the Peterson Institute event launching the "How To Win a Trade War" book, Chad said some things about trade relations with China that I found interesting.
26 May 2026 4 min read

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