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Transparency in Trade Negotiations

Some folks are complaining about the lack of transparency in the TPP negotiation process: Despite claims by the U.S. government of considerable transparency in the process, the talks, being held in Dallas, are covering material that has remained almost completely out of the public's eye. 'Because
Simon Lester 08 May 2012 1 min read

Geneva Trade Lawyer Position

King & Spalding is looking for a trade law associate in the Geneva office: GENEVA International Trade # of Positions: 1 | Years of Experience: 2-5 Type of Experience: King & Spalding seeks a junior to mid-level associate for its International Trade practice group in Geneva. Qualified candidates will have experience in
Simon Lester 08 May 2012 1 min read

Canadian Zeroing

Have you had enough of U.S. zeroing litigation at the WTO?  For a change of pace, perhaps there is a case related to Canadian zeroing on the horizon.  Trade expert Peter Clark points me to a decision by the Canadian International Trade Tribunal (CITT), relating to the use of
Simon Lester 04 May 2012 3 min read

Everyone is Talking about Investment

With the new model BIT in place, everyone is talking about investment.  First up, over at the Cato Institute, on May 17 they'll be talking about "investment protectionism and what to do about it": Like international trade, cross-border direct investment drives economic growth. The value of
Simon Lester 04 May 2012 1 min read

The EU Emissions Trading Scheme under WTO Rules

Lorand Bartels analyzes the issues for ICTSD here.  The abstract: The following questions are addressed in this paper: is it possible to design a carbon trading scheme that is both administratively feasible and justifiable under WTO law? Does the inclusion of aviation in the EU ETS violate the unconditional most-favoured
Simon Lester 02 May 2012 2 min read

Selling Corvettes in Korea?

This article doesn't sound all that hopeful: The revised bilateral free trade agreement between Korea and the US has made favorable the import for the Chevrolet Corvette Coupe into Korea. This will be initiated by General Motors Korea Co., the South Korean unit of General Motors from Friday,
Simon Lester 02 May 2012 1 min read

Is Protectionism Countercyclical?

Over at Vox, economist Andrew Rose argues that "maybe protectionism isn't countercyclical after all," that is, protectionism does not correlate with economic downturns.  He looks at a number of factors, but two in particular stood out to me. One factor is whether economic growth (or lack
Simon Lester 30 Apr 2012 1 min read

Funding the Plain Packaging WTO Litigation

In the category of "things that will surprise nobody," the FT reports the following: Two of the world’s biggest tobacco companies are providing legal support to member countries at the World Trade Organisation that are threatening to take Australia to international court over the world’s toughest
Simon Lester 30 Apr 2012 1 min read

More on a U.S. - China BIT

From Reuters: A top U.S. Republican lawmaker on T hursday called on the Obama administration to negotiate an investment treaty with China and to increase pressure on the world's second-largest economy to make trade and currency reforms. ... Camp's call for the United States to begin
Simon Lester 26 Apr 2012 1 min read

Interpretations, Clarifications, and Interpretative Clarifications

A few years ago, I did two posts on the difference between "interpretations" by WTO Members under WTO Agreement Article IX:2 and "clarifications" by panels and the Appellate Body under DSU Article 3.2.  Based on the statements by the Appellate Body quoted in the
Simon Lester 26 Apr 2012 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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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