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Australia and Investor-State

Via Luke Peterson, I see that Australia, in a recent Trade Policy Statement, has come out firmly against investor-state dispute settlement in trade agreements: Some countries have sought to insert investor-state dispute resolution clauses into trade agreements.  Typically these clauses empower businesses from one country to take international legal action
Simon Lester 14 Apr 2011 2 min read

The Airbus AB Report: Perhaps Coming Soon

Reuters reports: The WTO appellate body is expected to issue its decision in the Airbus case in late April, although decision dates frequently slip at the WTO. I haven't seen that from any official source, though.
Simon Lester 12 Apr 2011 1 min read

Measuring the Benefits of Trade Agreements

Writing about why Colombia might want to sign an FTA with the U.S., Phil Levy -- responding to a blog post by Clyde Prestowitz -- says: ... it may seem a bit odd that a country like Colombia would devote so much time and effort to negotiating the agreement and
Simon Lester 12 Apr 2011 3 min read

The Financial Crisis and Protectionist Measures

From the abstract from a new report by Robert Wolfe: Leaders of the G20 promised repeatedly that they would refrain from trade restrictions in response to the global financial crisis that began in 2008, and that they would minimize the negative impact on trade and investment of stimulus measures. They
Simon Lester 12 Apr 2011 2 min read

A Tar Sands Project in the U.S.

Tar sands oil production has been a big deal in the EU-Canada FTA negotiations.  This AP story has me thinking that NAFTA might be dragged in to this issue: Beneath the lush, green hills of eastern Utah's Uinta Basin, where elk, bear and bison outnumber people, the soil
Simon Lester 11 Apr 2011 2 min read

More Tobacco Talk under the TBT

More on this when the official minutes are released, but this is from the WTO web site summary of the latest TBT Committee meeting: Brazil has introduced a new draft regulation establishing the maximum permissible levels of tar, nicotine and carbon monoxide in tobacco products, and prohibiting the use of
Simon Lester 11 Apr 2011 1 min read

The Danger of Talking about Competitiveness

From President Obama's State of the Union Speech this past January: nations like China and India realized that with some changes of their own, they could compete in this new world. And so they started educating their children earlier and longer, with greater emphasis on math and science.
Simon Lester 06 Apr 2011 4 min read

First Conference of the African International Economic Law Network

Tomer emails me with this: "On May 5-6 the Nelson Mandela Institute at the University of the Witwatersrand in Johannesburg will host the first conference of the African International Economic Law Network. This will be a special event, hopefully launching a genuine regional network of interested academicians and practitioners
Simon Lester 06 Apr 2011 1 min read

The CAFC and Inconsistent Zeroing

Last Thursday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued its decision in Dongbu Steel, saying, in essence, that the Department of Commerce can't take an inconsistent approach to zeroing -- no zeroing in investigations, but zeroing in administrative reviews -- without a good
Simon Lester 05 Apr 2011 3 min read

Trade in Everything: Public School Students

From the AP: Northern Maine is 7,000 miles and a world away from China, but that's not stopping a school superintendent from recruiting Chinese students to attend public high school in this remote mill town. Faced with declining enrollments and shrinking revenues, public school districts from Maine
Simon Lester 05 Apr 2011 1 min read

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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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