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Is China the Biggest Protectionist in History?

From Fred Bergsten: But China and some other emerging markets, especially in its immediate neighborhood, are also violating some of the most fundamental rules of the international economic system, to the great detriment of the United States and many other countries. A cardinal goal of the International Monetary Fund, which
Simon Lester 12 Aug 2011 1 min read

Protectionism and Japan's Tsunami Relief Effort

From USA Today: Almost four months after the March 11 tsunami destroyed their home, Kazuko Abe moved her family of four into temporary housing in July. "It doesn't matter to me who built the houses, I just wish they could have been quicker," said Abe, 66,
Simon Lester 10 Aug 2011 3 min read

Junior IEL Scholars Forum

From the IELIG: The International Economic Law Interest Group (IELIG) is pleased to announce its inaugural "Safe Spaces Roundtable" for junior scholars. The Safe Spaces Roundtable will provide junior scholars with detailed feedback from more senior colleagues on early drafts of their work. The Roundtable will be closed
Simon Lester 10 Aug 2011 1 min read

Using Trade Law to Enforce Investment Law

From Reuters: A U.S. company plans to ask the Obama administration for help in recovering more than $230 million it says it is owned by the government of Argentina, an attorney for the company said on Monday. Stephen Kho, a lawyer with the Akin Gump law firm, said it
Simon Lester 09 Aug 2011 1 min read

The Environmental Kuznets Curve and GATT Article XX

From last month's China - Exportation of Raw Materials panel report: 7.551 We now turn to analyse the second step in China's argument about the long-term benefits of export restrictions on EPR products, namely that there is a strong link between higher growth and environmental
Simon Lester 07 Aug 2011 2 min read

Sea Turtles, Dolphins, Seals ... and Sharks?

Marine life has played an important role in GATT/WTO dispute settlement.  Here's an argument for bringing sharks into the mix: Oceana, the largest international advocacy group working solely to protect the world’s oceans, called on the United States government today to ban the import of shark
Simon Lester 05 Aug 2011 1 min read

Investor-State: Learning as We Go

On SSRN, here's the abstract of a paper entitled "When the Claim Hits: Bilateral Investment Treaties and Bounded Rational Learning," by Lauge Skovgaard Poulsen and Emma Aisbett: Using the international investment regime as its point of departure, the paper introduces notions of bounded rationality to the
Simon Lester 03 Aug 2011 1 min read

Delineating the Outer Limits of Investment Treaties

In an ASIL Insight entitled "The Australian Trade Policy Statement on Investor-State Dispute Settlement," Jürgen Kurtz writes: States can protect domestic policy space in an investment treaty by clearly delineating the outer limits of substantive obligations and/or crafting exceptions for state conduct. For instance, the investment chapter
Simon Lester 03 Aug 2011 1 min read

The Purpose of International Investment Agreements

From a paper by Anne Van Aaken and Tobias A. Lehmann, entitled "Investment and Sustainable Development: Developing a New Conceptual Framework": It is already questionable whether the only purpose of [International Investment Agreements] IIAs is the protection of investment.  Rather, as most preambles reveal, protection of investment is
Simon Lester 03 Aug 2011 1 min read

The Debt Deal and Farm Subsidies

Jim Bacchus recently called for cutting farm subsidies as a way to reduce the U.S. budget deficit and give a boost to the Doha Round.  So what happened with farm subsidies in the debt deal?  Well, it remains to be seen, from what I've read so far.
Simon Lester 01 Aug 2011 1 min read

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International Economic Law and Policy Blog

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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