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Call for Papers: Standard of Review in International Courts and Tribunals

Call for papers Standard of Review in International Courts and Tribunals Rethinking the Fragmentation and Constitutionalization of International Law 26-27 October 2012 Sponsored by: COST Action IS1003, International Law Between Constitutionalization and Fragmentation http://www.il-cf.eu and University of Seville, Faculty of Law The fragmentation of international law is
Simon Lester 21 May 2012 3 min read

GATT Article XX as an Exception to the SCM Agreement

In an amicus brief in the Canada - Renewable Energy case (DS412), several NGOs make the argument for GATT Article XX to be treated as an exception to the SCM Agreement.  Here's an excerpt: 1.3 The reference to ‘this Agreement’ in Article XX does not foreclose its
Simon Lester 18 May 2012 1 min read

U.S. Policy on Trade and Tobacco

From USTR: TPP TOBACCO PROPOSAL We are currently consulting with stakeholders and Congress on our draft proposal. Below is a detailed summary of the current draft proposal, which we have prepared in order to facilitate meaningful engagement on its contents. The draft proposal has three elements: • It would explicitly recognize
Simon Lester 18 May 2012 2 min read

The TBT 2.1 and GATT III:4 Relationship

From today's Tuna decision: 405. To us, it seems that the Panel's decision  to exercise judicial economy rested upon the assumption that the obligations under Article 2.1 of the TBT Agreement and Articles I:1 and III:4 of the GATT 1994 are substantially the
Simon Lester 16 May 2012 1 min read

Quick Thoughts on Tuna

Following up on my post from yesterday, here are a couple quick thoughts on the tuna decision (http://www.worldtradelaw.net/reports/wtoab/us-tunamexico(ab).pdf ). First, the Appellate Body upheld the finding that the measure is a "technical regulation". Second, they reversed the finding of violation under
Simon Lester 16 May 2012 1 min read

The Tuna Decision

... is coming tomorrow (May 16). It is almost certain to have a lot of interesting things in it. Some possible issues: – Is the measure at issue a technical regulation? And more generally, what exactly is the scope of "technical regulations"?  We have discussed this here on this blog
Simon Lester 15 May 2012 1 min read

China and Market Economy Status III

Trade lawyer Bernard O'Connor has more to say about China and market economy status: Introduction In a first note (published on VOXEU and re-posted on WorldTradeLaw net) I looked at whether China was automatically entitled to Market Economy Status (MES) in 2016 on the basis of the Accession
Simon Lester 14 May 2012 8 min read

The TPP Transparency Debate is Heating Up!

As mentioned in this post, a group of law professors wrote a letter criticizing the transparency of the TPP negotiating process. They received a reply from USTR Ron Kirk, and have posted it: I look forward to reviewing your letter, and will provide a more detailed response later.   In the
Simon Lester 11 May 2012 4 min read

More on the Lack of TPP Transparency

A group of law professors has written a letter criticizing the lack of transparency in the TPP negotiations. Here's an excerpt: Our concerns flow from the now-established observation that “trade” agreements no longer focus exclusively, or perhaps even predominantly, on the regulation of trade. Rather, the agreements increasingly
Simon Lester 09 May 2012 2 min read

ASIL IEcLIG Call for Papers

From the ASIL/IEcLIG: 2012 Biennial Interest Group Conference: Re-Conceptualizing International Economic Law: Bridging the Public/Private Divide George Washington University Law School Washington D.C., USA November 29-December 1, 2012 I.         Conference Theme The ASIL International Economic Law Interest Group will hold its next biennial conference on November 29-
Simon Lester 08 May 2012 3 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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