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Investor State Claims and Libertarian Utopias

The Economist reports that two libertarian groups are looking to develop libertarian cities in Honduras: ... In addition to a big special development region, the Honduran government intends to approve two smaller zones. And two libertarian-leaning start-ups have already signed a preliminary memorandum of understanding with the Honduran government to develop
Simon Lester 13 Dec 2011 1 min read

International Balanced Budget Amendments

From Reuters: Europe secured an historic agreement to draft a new treaty for deeper economic integration in the euro zone on Friday ... Twenty-six of the 27 EU leaders agreed to pursue a tougher budget discipline regime with automatic sanctions for deficit sinners in the single currency area ... "This is
Simon Lester 09 Dec 2011 1 min read

The Proposed Airbus WTO Sanctions: $7-10 Billion

From USTR: Today, U.S. Trade Representative Ron Kirk announced that the United States is requesting that the European Union (EU) enter into consultations regarding the notification it made on December 1, 2011, claiming to have fully complied with the World Trade Organization (WTO) ruling that subsidization of Airbus aircraft
Simon Lester 09 Dec 2011 1 min read

RDC v. Guatemala ICSID Hearing in CAFTA Claim

The RDC v. Guatemala ICSID hearing can be viewed online here for the next couple days. Luke Peterson explains the facts: In 1997 RDC won a tender to operate Guatemala’s newly-privatized national railway. A concession agreement concluded with RDC’s local affiliate, Ferrovias Guatemala (FVG),  required FVG to rehabilitate
Simon Lester 08 Dec 2011 1 min read

The Purpose of WTO Subsidies Rules

What is the goal of the subsidies rules in the WTO's SCM Agreement?  In an article in the Melbourne Journal of International Law, I argue that the rules can be characterized as fighting "protectionism."  Furthermore, I contend, the Appellate Body's interpretations of particular SCM
Simon Lester 06 Dec 2011 2 min read

"Why We Should Thank the Chinese Currency Manipulators"

Here's an excerpt from an article by economist Mark Perry, arguing that Chinese currency manipulation is good for Americans: 1. China's currency manipulation is a form of foreign aid, and to the direct advantage of millions of U.S. consumers, especially low-income groups, and to the
Simon Lester 02 Dec 2011 1 min read

More on Non-Market Economies

The last two posts deal with the issue of China's non-market economy status under WTO rules.  I've been reluctant to weigh in on this, as there is a lot I don't know about the issue.  So, instead of taking a position, let me ask
Simon Lester 30 Nov 2011 1 min read

If you don't believe in the 2012 myth, do you believe in the 2016 myth?

I've been asked by a colleague to comment on this post by Bernard O’Connor at VoxEU. In the post, he claims that the view that China will automatically get market economy status (MES) after 2016 is "an urban myth that seems to have gone global. It
Henry Gao 30 Nov 2011 5 min read

When Will China's NME Status End?

Over at vox, trade lawyer Bernard O'Connor argues that the end of China's NME status might be further off than many people think: There is nothing in the WTO rules, or elsewhere, to provide that China automatically gets market-economy status in 2016. The idea that it
Simon Lester 27 Nov 2011 2 min read

Trade in Everything: Turkey Tails

This Bloomberg article talks about the difficulties certain Pacific nations have had with taking measures to restrict imports of unhealthy food, without violating WTO rules.  The focus is on Samoa's accession committments related to imports of turkey tails: After a 13-year wait, the South Pacific island nation of
Simon Lester 24 Nov 2011 3 min read

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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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