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Scott Lincicome on the China Currency Bill

What will the impact be if the china currency bill passed by the House eventually becomes law?  Scott Lincicome explains: Assuming the bill becomes law as written, a large spike in CVD petitions against China is highly unlikely in the near term.  Instead, only a small number of “test case”
Simon Lester 30 Sep 2010 1 min read

Stuxnet and Trade

Cybersecurity is looming ever larger as a concern of governments and businesses, not to mention individuals.  The recent revelations regarding worm attacks on industrial installations, including perhaps Iranian nuclear processing plants, have heightened concern.  Today's New York Times has a story about India's requirements imposed on
Trachtman 28 Sep 2010 1 min read

Extraterritoriality Conference

Beyond Borders: Extraterritoriality in American Law Southwestern Law School, Nov. 12, 2010 On Friday, November 12, 2010, Southwestern Law School in Los Angeles, California is hosting a symposium titled Beyond Borders: Extraterritoriality in American Law. This one-day symposium will bring together leading legal figures from throughout the country to analyze
Trachtman 28 Sep 2010 1 min read

The Philip Morris Investment Claim

I did some previous posts (see, e.g., here) about the investment claim brought by Philip Morris against Uruguay under a Uruguay-Switzerland BIT.  Todd Weiler, who knows a thing or two about investment claims, has written a legal opinion for Physicians for a Smoke Free Canada, in which he examines
Simon Lester 28 Sep 2010 4 min read

The Tuna/Dolphin NAFTA Panel Request

As discussed here, here, here and here, Mexico and the United States disagree on the proper forum for the current tuna/dolphin dispute.  Mexico thinks the WTO is the right forum; the United States thinks the dispute should be removed to NAFTA.  The dispute is proceeding at the WTO (for
Simon Lester 28 Sep 2010 3 min read

Internet Gambling Bans and the Dormant Commerce Clause

One of the lingering questions for me after the U.S. - Gambling WTO dispute was how a pure internet gambling ban would be treated under WTO rules.  The measures at issue in U.S. - Gambling had some pretty clear discriminatory aspects.  What if the U.S. measures had
Simon Lester 24 Sep 2010 9 min read

More on Export Contingency and China Currency Issues

We had a good discussion here about the proper approach to determining export contingency in relation to Chinese currency issues. In the comments on the linked post, anon99 said this: Exporters don't have to export to get the "extra RMB". They could, for example, make overseas
Simon Lester 23 Sep 2010 2 min read

China-Japan Trade Tensions

From the NY Times: Sharply raising the stakes in a dispute over Japan’s detention of a Chinese fishing trawler captain, the Chinese government has blocked exports to Japan of a crucial category of minerals used in products like hybrid cars, wind turbines and guided missiles. Chinese customs officials are
Simon Lester 23 Sep 2010 1 min read

The Two U.S. Complaints Against China

The two recent U.S. WTO complaints against China are here: China - Electronic Payment Services (DS413)China - AD/CVDs on Electrical Steel (DS414)President Obama had this to say on the issue of trade complaints against China in reponse to a question yesterday at a town hall: MR.
Simon Lester 21 Sep 2010 2 min read

U.S. Labeling of Genetically Modified Salmon

First liquor labeling, now salmon labeling (and next up, cigarette labeling).  This is from Jonathan Adler at the Volokh Conspiracy: The Food and Drug Administration is considering whether to approve genetically modified salmon for human consumption. Aquabounty Technologies has submitted its “AquAdvantage” salmon, an Atlantic salmon genetically engineered to mature
Simon Lester 21 Sep 2010 3 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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