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Section 337 and Extraterritoriality

From customs law blogger Larry Friedman, here is a brief summary of an interesting Section 337 case, Tianrui Group v. International Trade Commission: The underlying issue in this case is interesting for two reasons. First, it relates to trade secrets. Second, it relates to activity occurring entirely in China. The
Simon Lester 25 Oct 2011 2 min read

The Interpretative Use of Object and Purpose in TRIPS Cases

A guest post from Henning Grosse Ruse - Khan: "The TRIPS Agreement is probably the only WTO Agreement which contains explicit textual expression of its object and purpose in its Articles 7 and 8. At the same time, it has a lot of provisions with (constructive) ambiguities where a
Simon Lester 23 Oct 2011 1 min read

More on the SolarWorld AC/CVD Complaint

Following up on the last post, I was curious about the reference to "WTO-legal subsidies and WTO-illegal subsidies."  So I asked the SolarWorld people the following question: In what way are the Chinese subsidies "WTO-illegal"? Does that mean that they  violate the SCM Agreement in the
Simon Lester 23 Oct 2011 1 min read

More on Responses to Foreign Subsidies

Yesterday brought news of an AC/CVD petition in the U.S. in relation to imports of Chinese solar panels.  Here's the FT: A coalition of US solar panel manufacturers asked on Wednesday for retaliatory tariffs on imports of panels from China, the first such case filed in
Simon Lester 20 Oct 2011 2 min read

“Do Subsidies Justify Retaliatory Protectionism?”

From economist Don Boudreaux: As an empirical matter ... the costs of subsidies are borne chiefly by citizens of the country whose government uses subsidies while the benefit of subsidies is enjoyed overwhelmingly by that country’s trading partners. Still – because trade makes markets less and less national and more and
Simon Lester 19 Oct 2011 3 min read

Call for Papers: Australian and New Zealand Society of International Law

Call  for Papers: March 2012 Symposium, International Economic Law Interest Group,  Australian and New Zealand Society of International  Law Following  the success of its inaugural symposium in February  2011,  the International Economic Law Interest Group of the Australian and New Zealand  Society of International Law (ANZSIL) is holding a research
Simon Lester 16 Oct 2011 1 min read

Romney vs. Huntsman on Trade

From Tuesday's GOP debate: ROSE: ... We also know here that there has been a paradigm shift in the world economic order. We know about China and we know about India. Here is our next clip and we will respond from that. Here it is. (BEGIN VIDEO CLIP) ROMNEY:
Simon Lester 13 Oct 2011 3 min read

Passage of the U.S. Trade Agreements

As everyone has probably heard at this point, yesterday the U.S. Congress approved trade agreements with Korea, Colombia and Panama.  They will now be signed into law by President Obama. I feel obligated to say something about this.  But I'm not quite sure what to say. If
Simon Lester 13 Oct 2011 3 min read

SIEL Conference in Hamburg

1st Conference of the Postgraduate and Early Professionals/Academics of the Society of International Economic Law (PEPA/SIEL) Hamburg, 27 and 28 January 2012 Organized by SIEL in cooperation with the Institute of Law and  Economics of the University of Hamburg and Leiden University SIEL was founded in 2008 to
Simon Lester 13 Oct 2011 2 min read

Tokyo Round Thoughts on Mandatory Labelling

For those who have been following the technical regulations vs. standards debate here, let me add something else to the mix.  Here's something from a Secretariat note from early in the Tokyo Round: 4. With regard to labelling it was pointed out that in some cases labelling was
Simon Lester 11 Oct 2011 1 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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