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Retroactive Law-Making under GATT Article X

Those of you who follow Scott Lincicome's blog have no doubt seen his discussion of the U.S. court appeal relating to the recent U.S. law that retroactively authorizes the U.S. Department of Commerce to apply countervailing duties on imports from "non-market economies" like
Simon Lester 21 Sep 2012 1 min read

Trade Agreements and Policy Fragmentation

From a recent speech by WTO DG Pascal Lamy: This morning I will address the multilateral trading system and regional economic cooperation. The title is well chosen in the sense that the multilateral reference is to trade, while at the regional level the title refers to economic cooperation. What this
Simon Lester 20 Sep 2012 3 min read

The Potential Scope of Section 337

My Cato colleague Bill Watson has a new paper in which he argues for the repeal of Section 337.  Here is one part that I found particularly interesting: ... The ITC may soon become a vehicle for challenging extraterritorial conduct that is legal where it occurs but which would violate U.
Simon Lester 20 Sep 2012 1 min read

The Politics of China Trade: "Cheating" on Trade Commitments

From Mitt Romney's blog a couple days ago: We're going to open up new markets for our goods and expand our reach into other parts of the world where other nations are now competing. I want to make sure our goods can go throughout the world.
Simon Lester 17 Sep 2012 2 min read

Rob Howse: APEC Liberalization of Trade in Environmental Goods

From Rob Howse: We witnessed last week another illustration of how progress in global trade liberalization has shifted from the WTO to other fora:  APEC agreed on a plan for liberalization of trade in environmental goods, by-passing negotiations in the WTO that have been going nowhere for years.  One of
Simon Lester 17 Sep 2012 1 min read

Postscript to the Asbestos Dispute

From the CBC: Canada's asbestos industry is effectively and finally shut down, with Industry Minister Christian Paradis's announcement Friday that the Canadian government will no long oppose the listing of asbestos as a hazardous substance in the international Rotterdam Convention. Paradis also said the federal government
Simon Lester 14 Sep 2012 1 min read

More on Registration and Use of Trademarks: All or Nothing

Yesterday I asked how a product ban compares with plain packaging, in terms of the impact on trademark rights.  After conversations with several people who saw a distinction between a product ban and plain packaging with regard to trademark rights, I had some additional thoughts. It seems to me that
Simon Lester 11 Sep 2012 1 min read

Registration and Use of Trademarks

There was one point of substance I wanted to mention from the TPP event.  I was talking with two people, one who thought plain packaging of cigarettes violates international IP rules and one thought it does not.  The guy who thought it was a violation made the argument that a
Simon Lester 10 Sep 2012 1 min read

Brief Notes from the TPP Meeting

Yesterday, I went to the stakeholders engagement part of the latest TPP negotiating round.  (This is the 14th round of TPP negotiations. How many more will there be?  Another 14?) This was the first time I've attended one of these.  Here are some impressions.  (But don't
Simon Lester 10 Sep 2012 1 min read

SIEL/CUP Essay Prize

For you aspiring young scholars: A prize has been established by the Society of International Economic Law and Cambridge University Press for the best essay submitted on any topic in any field of international economic law. The competition is open to all current undergraduate and graduate students of any university
Simon Lester 10 Sep 2012 1 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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