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WTO Dispute Settlement: Ukraine vs. Armenia

It appears that the Ukraine - Armenia dispute has been resolved: Citing the need to comply with international trading rules, the Armenian government pushed through parliament on Wednesday a bill setting a new regime of taxation for imported fuel, tobacco and alcohol. Importers of these products currently pay only fixed
Simon Lester 06 Oct 2010 1 min read

Trade Rules and Restrictions on Large Stores

This takes me back to the Japan  - Film case: South Korean lawmakers are finalising legislation that would restrict the opening and operation of large urban supermarkets – a potential blow to Tesco, which counts the country as its biggest overseas market. ... Leftwing South Korean politicians began targeting Tesco early this
Simon Lester 06 Oct 2010 1 min read

Does U.S. Law Require Zeroing?

The U.S. Court of Appeals for the Federal Circuit says no (yesterday).  Some brief snippets of the decision follow. First, some general background on the actions of the Department of Commerce: In November 2001, Commerce issued an antidumping duty order against Corus imposing a dumping margin of 2.59%
Simon Lester 05 Oct 2010 5 min read

The Holocaust and High Speed Rail

Following up on this post, here's more on the issue of European companies working on high speed rail projects in the U.S., from the Palm Beach Post: U.S. Rep. Ron Klein, D-Boca Raton, is going after one of the companies bidding to build a high-speed rail
Simon Lester 05 Oct 2010 2 min read

WTO Accession as a Tool of Trade Policy

Is WTO accession sort of like trade preferences?  Countries want to receive trade preferences, so those handing them out can condition them on adopting policies in other areas.  Similarly, countries want to accede to the WTO, so WTO Members can impose conditions on this accession.  This is from the Bahamas
Simon Lester 05 Oct 2010 3 min read

More on Internet Gambling Bans and the Dormant Commerce Clause

Following up on my post about internet gambling bans and the dormant commerce clause, I noticed that Santa Clara University law prof Eric Goldman had this to say on the issue: I continue to believe that any state regulation of the Internet presumptively violates the dormant commerce clause, especially when
Simon Lester 05 Oct 2010 2 min read

Trade Wars vs. Trade Conflict

In a post entitled "Preemptive Unilateral Disarmament," Paul Krugman is upset that Secretary Geithner doesn't want a "trade war": So, why did Tim Geithner feel the need to declare, We’re not going to have a trade war; we’re not going to have
Simon Lester 03 Oct 2010 2 min read

Can Trade Preferences Be Used To Promote Non-Trade Policies?

Using trade preferences to promote non-trade policies is controversial.  It's not completely clear to what extent this is permitted under WTO rules.  And regardless of the legality, it can be irritating to those countries on the receiving end of these demands. In addition to those questions, there is
Simon Lester 03 Oct 2010 1 min read

The House Currency Bill Committee Report

A commenter mentioned the House Committee Report related to the currency bill.  I have uploaded it here. I found a number of aspects of the report interesting.  One thing that comes out is that, despite the perception that Congress doesn't care whether it violates WTO rules, clearly the
Simon Lester 01 Oct 2010 6 min read

More on Concerns with Investment Arbitration Standards

In the comments, anon99 says: Pauwelyn has a new article which "claims that based on fifteen years of operation both the hopes and fears traditionally linked to TRIPS and its enforcement under the WTO dispute settlement system were and continue to be largely exaggerated." It is getting close
Simon Lester 30 Sep 2010 1 min read

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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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