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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
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 Canadian
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
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,
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
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

Border Carbon Adjustments

I don't hear much talk in the U.S. (or around the world for that matter) these days about climate change in general, much less taking any action to deal with it.  But some day the world economy might pick up, and perhaps then we will get back
Simon Lester 26 Nov 2012 2 min read

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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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