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EU Aviation Emissions Scheme Opinion

The BBC reports: Plans to include any airline landing or taking off on EU territory in an emissions trading scheme are legal, an adviser to Europe's top court has said. European Court of Justice Advocate General Juliane Kokott said this in response to a legal challenge to the
Simon Lester 06 Oct 2011 5 min read

A WTO Prosecutor?

Here's the abstract of a new article from Claus Zimmerman in the Journal of World Trade, entitled 'Rethinking the Right to Initiate WTO Dispute Settlement Proceedings': This article analyses the economic merits of the factual right of governments to interpose themselves as political filters ex ante
Simon Lester 06 Oct 2011 1 min read

Is ACTA Enforceable?

Over the week-end, some steps were taken to bring the Anti-Counterfeiting Trade Agreement (ACTA) into force. I'm going to get myself in trouble here with international law folks, but let me ask this:  Is there a difference between international agreements that have an enforcement mechanism and those that
Simon Lester 05 Oct 2011 1 min read

Approaches to Investment Protection: Hardliners, Caution, Abandonment

Luke Peterson reports on three different approaches to invesment protection treaties: While Canadian officials are still hopeful that a Canada-EU trade deal can be finalized by next year, some EU member-states would like nothing better than to shunt talks onto a slow-track. A particular sore point emerging in the Canada-EU
Simon Lester 05 Oct 2011 2 min read

Trade and Jobs

From the FT: The US Chamber of Commerce has claimed that the South Korea deal alone will create 280,000 jobs, while the White House has more modestly suggested a net 70,000 gain. However, the Economic Policy Institute, a left-leaning think-tank partly funded by labour unions, has said that
Simon Lester 05 Oct 2011 1 min read

The Seal Product Ban under EU Law

Following up on this post, blog reader Laurens Ankersmit points me to an EU General Court order deciding that the action brought against the seal product ban under EU law was inadmissible  because the applicants did not have standing, on the basis that they were not  directly and individually concerned
Simon Lester 03 Oct 2011 1 min read

PPMs in the Tuna Panel Report

There's still lots to uncover in the Tuna panel report.  Here's something on PPMs: 7.369 Finally, Mexico contends that the US measures unilaterally exert pressure on the Mexican fleet to change fishing areas and/or fishing methods, which Mexico argues is evidence of the de
Simon Lester 03 Oct 2011 2 min read

Trade in Everything: Flying Pigs

From the Daily Mail: An entire Boeing 747 has been hired at £330,000 per trip to fly pigs in more comfort on the 5,500-mile journey than humans often have in economy class. It is an extraordinary turn of events for a country of 1.3 billion once known
Simon Lester 03 Oct 2011 1 min read

US Tuna Panel report again: technical regulations and int'l standards

Dear all, I am intrigued by the US Tuna Panel’s approach to the question of whether the US used the AIDCP standards (which incidentally are resolutions passed by contracting parties to the Agreement on International Dolphin Conservation Program) as a basis for its dolphin-safe labelling provisions. At one point,
Melaku Desta 01 Oct 2011 2 min read

Why Aren't BITs Controversial?

From a State Department press release: The United States Senate approved the United States-Rwanda Bilateral Investment Treaty (BIT) on September 26 by unanimous consent. The Department of State applauds the Senate’s approval of the treaty and is pleased that the Senate’s longstanding tradition of bipartisan support for these
Simon Lester 29 Sep 2011 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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