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Cash Payments to Petitioners to Avoid Higher Anti-Dumping Duties

Via a tradelawnews tweet, I came across this WSJ article: Some U.S. furniture makers and their lawyers have found a reliable way to extract cash from Chinese competitors deemed by U.S. officials to have "dumped" their products in the U.S., selling them at unfairly low
Simon Lester 15 Feb 2011 2 min read

More on Banning Plastic Bags

In the comments, Chris Wold, a law prof at Lewis and Clark law school in Oregon who specializes in trade and environment issues, adds some details about the proposed ban on plastic bags in Oregon: the bill may look discriminatory to a panel: no plastic bags are made in Oregon
Simon Lester 15 Feb 2011 1 min read

IEL Essay Prizes

From the SIEL: A prize has been established by the Society of International Economic Law and Cambridge University Press for the best essay submitted on any topic in any field of international economic law. The competition is open to current students and those who have graduated within the last five
Simon Lester 15 Feb 2011 1 min read

Uranium Subsidies?

From The Economist: ONE might not have too much sympathy for fossil fuel companies, currently enjoying all the benefits of high coal and oil prices. But they are crying foul in their competition with an (admittedly undersized) non-hydrocarbon fuel—uranium. According to America’s mining act of 1872, framed at
Simon Lester 13 Feb 2011 2 min read

WTO Dispute Settlement 2010: Cases and Developments

If you'll be in Geneva on March 8, you may want to attend this: Fourth Annual Update on WTO Dispute Settlement  A Presentation and Debate on Cases & Developments in WTO Dispute Settlement during 2010 Tuesday, 8th March 2011  I  17.00 to 19.00   Background   At the
Simon Lester 13 Feb 2011 3 min read

A Panel Request in the Seal Products Case

Reuters reports that Canada is requesting a panel in the Seal Products WTO case (DS400): Canada asked the World Trade Organization on Friday to set up a panel to resolve its dispute with the European Union over the EU's ban on trade in seal products, Fisheries Minister Gail
Simon Lester 11 Feb 2011 1 min read

Environmental Policy Making Through the Tariff Schedule

Frequent commenter Charles Benoit has an article coming out in the Georgetown Journal of International Law entitled "Picking Tariff Winners: Non-Product Related PPMs and DSB Interpretations of “Unconditionally within Article I:1."  The SSRN version is here.  Here's the abstract: This paper proposes how WTO Members
Simon Lester 09 Feb 2011 2 min read

Implementing Australia - Apples

Australia and New Zealand have agreed (Word doc) on a period of 9 months (from DSB adoption) for implementing the Australia - Apples findings, with the period ending on August 17, 2011.  Here's something from their agreement: The agreed period of time for implementation will allow Australia to
Simon Lester 09 Feb 2011 1 min read

International Courts Asking Governments To Help With Interpretation

Speaking of New Zealand and investor-state dispute settlement, in the last post, NZ Prime Minister John Key mentioned the China - NZ FTA, so I looked it up.  While skimming through the investor-state provisions, I came accross something I had not seen before: Article 155 Interpretation of Agreement 1. The
Simon Lester 07 Feb 2011 1 min read

Update on New Zealand and Investor-State

Is New Zealand re-thinking its opposition to investor-state?  This is from Radio New Zealand: The New Zealand Government could be opening itself to being sued by American multinationals in trade talks - contradicting assurances from Prime Minister John Key. A top United States trade official says New Zealand is ready
Simon Lester 06 Feb 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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