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International Law as "Conceptual Guidance"

As most of this blog's readers are aware, there is an ongoing debate about the role of international law in WTO dispute settlement.  Perhaps adding to that discussion, this is from yesterday's WTO panel report in U.S. - AD/CVD on Products from China (DS379)
Simon Lester 23 Oct 2010 2 min read

Concurrent AD/CVD in the WTO Panel on U.S. - AD/CVD on Products from China

In November of last year, I said this about the issue of concurrent anti-dumping/countervailing duties: GATT Article VI:5 provides: "No product of the territory of any Member imported into the territory of any other Member shall be subject to both anti-dumping and countervailing duties to compensate for
Simon Lester 22 Oct 2010 2 min read

Zeroing and Prospective Normal Value Systems

This is from the U.S. opening statement at the second panel meeting in U.S. - AD Measures on Orange Juice (DS382): Brazil’s Arguments Are Inconsistent with Both the Concept of, and Its Own Application of, a Prospective Normal Value System 13. The United States has demonstrated that
Simon Lester 21 Oct 2010 3 min read

Zeroing and the Role of WTO Precedent

One of the interesting things about the zeroing cases (some might say more interesting than the issue of zeroing itself) is how the existence of many, many prior panel/Appellate Body reports addressing zeroing leads to discussions of the role of precedent in WTO law.  This is from the U.
Simon Lester 21 Oct 2010 1 min read

Prohibitions on Labeling under Trade Rules

Most trade law discussions of labeling relate to whether labeling is a possible alternative to a ban or similar strict prohibition on a product, or whether the labeling itself is too trade restrictive.  But what would trade rules have to say when there is a government ban on labeling: The
Simon Lester 20 Oct 2010 1 min read

Pascal Lamy and Designations of Origin

From a recent speech: In the 19th Century, when Ricardo developed what was to become the foundations of international trade theory, countries exported what they produced. In fact, the industrial revolution took root in countries that had coal mines and iron ore. A Portuguese entrepreneur importing a steam engine from
Simon Lester 20 Oct 2010 2 min read

Mobil v. Canada: The Scope of Fair and Equitable Treatment

Via a Luke Peterson tweet, I see that the Mobil v. Canada ICSID hearing will be going on this week, starting tomorrow (Tuesday), and is open to the public.  No webcasting as far as I can tell, unfortunately.  You have to make your way down there. One issue that is
Simon Lester 18 Oct 2010 1 min read

Krugman on Quantitative Easing and Currencies

He seems to take the same "aim and effect" (as Julia referred to it) approach to the issue that I do: In various comments and other places I keep seeing people compare European complaints about the weak dollar to American complaints about the undervalued renminbi. It’s a
Simon Lester 18 Oct 2010 1 min read

The U.S. Investigation of China's Clean Energy Subsidies

Reuters reports: China on Saturday hit back at U.S. government action to investigate a labour union's charges that it subsidises its green technology producers, saying the move sends a wrong signal on trade protectionism. The U.S. probe will look into whether Chinese support for its clean
Simon Lester 17 Oct 2010 1 min read

Fiscal Policy, Monetary Policy and Currency Values

I've thought a bit more about the previous post where I suggested that not all measures affecting currencies should lead to fears of a "currency war".  I'm not much of an expert in this area, and I'm happy to have someone explain
Simon Lester 17 Oct 2010 3 min read

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International Economic Law and Policy Blog

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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