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Cheer Up, USTR!

This is from a Washington Post article on a recent survey of federal workers: The Office of the U.S. Trade Representative ranks as the worst small agency, [with only 32.7 percent of employees saying they are satisfied]. Former employees said its sense of mission was eroded by an
Simon Lester 13 Dec 2012 1 min read

New Chairs and Vice Chairs of the ASIL-IEcLIG

From the ASIL-IEcLIG: Elizabeth Trujillo from Suffolk University Law School and Jason Yackee from University of Wisconsin School of Law have been elected to be Co-Chairs of the International Economic Law Interest Group for ASIL.   Jason and Elizabeth are stepping in after 2 years as being Co-Vice Chairs under the
Simon Lester 13 Dec 2012 1 min read

Eli Lilly NAFTA Chapter 11 Claim - Part 3

One last post on the Eli Lilly NAFTA Chapter 11 complaint (unless someone else has something they want to add).  Eli Lilly's national treatment argument is as follows: 106.  The  measures in  issue  de facto  discriminate  against Lilly,  a  U.S. investor,  when compared to domestic investors, by
Simon Lester 12 Dec 2012 1 min read

Eli Lilly NAFTA Chapter 11 Claim - Part 2

In the last post, Henning provided an excellent summary of the key substantive parts of the Eli Lilly NAFTA Chapter 11 complaint as it relates to IP law.  Let me just make a more general point here (and another more specific point in the next post). In Eli Lilly'
Simon Lester 12 Dec 2012 1 min read

Guest Post by Henning Grosse Ruse - Khan: Investor–State Arbitration to Challenge Host State Compliance with International IP Treaties?

A Guest Post by Henning Grosse Ruse - Khan: Last week, Luke Peterson reported that the U.S. based pharma corporation Eli Lilly has put Canada on notice of its intent to submit a claim to arbitration under NAFTA Chapter 11 following the invalidation of some of its patents by
Simon Lester 11 Dec 2012 2 min read

Unilateralism vs. Multilateralism in Currency Disputes

Brazil has put forward a conceptual note (Word doc) on the issue of exchange-rate misalignment.  Its focus is on developing trade remedy procedures to deal with the perceived problem: IV. IS THERE A NEED TO CRAFT TRADE REMEDIES THAT SPECIFICALLY ADDRESS CURRENCY MISALIGNMENTS? Existing provisions related to exchange-rate movements in
Simon Lester 06 Dec 2012 2 min read

Is It Time to Regulate U.S. State Subsidies?

I've talked about sub-federal state subsidies before on this blog. The issue is suddenly in the news, due to a long NY Times article today. CFR's Edward Alden proposes reining them in as follows: ... There are three basic requirements: a legislative framework, an adjudication body, and
Simon Lester 03 Dec 2012 1 min read

Incorporating (Some) Unilateral Free Trade into the Trading System

That's the title of a short essay of mine in the Virginia Journal of International Law's online edition.  Here's the main proposal: ... I thus propose an approach that I call "unilateral reciprocal binding trade liberalization." The basic idea is that unilateral liberalization
Simon Lester 28 Nov 2012 1 min read

Reading up on Feed-In Tariffs

There have been a number of news reports about the WTO panel report in the Ontario feed-in tariffs case, brought by Japan and the EU.  The report has been issued to the parties, and may be circulated to the public some time in the next month or so.  If you
Simon Lester 28 Nov 2012 1 min read

"Impediments to Attainment of Objectives" Complaints

GATT Article XXIII:1 sets out the following types of complaints: If any contracting party should consider that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired or that the attainment of any objective of the Agreement is being impeded as the result
Simon Lester 26 Nov 2012 2 min read

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International Economic Law and Policy Blog

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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