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GATT Article XX and Natural Resource Sovereignty

Here's another GATT Article XX issue in the China - Exportation of Raw Materials case:  the role of "sovereignty" in interpreting Article XX.  With the caveat that this is just the complainants' characterization of China's argument, and I haven't seen China&
Simon Lester 13 Sep 2010 1 min read

GATT Article XX and Non-GATT Agreements

A couple months ago, I mentioned that the China - Exportation of Raw Materials dispute was getting underway, and that I would come back to the dispute when GATT Article XX came up.  USTR recently posted the complainants' oral statement in the case on its web site, and it
Simon Lester 13 Sep 2010 3 min read

Do Trade Deficits Affect Economic Growth?

This is from Marginal Revolution: FYI, a loyal MR reader and commentator, writes to me: I would like to suggest a topic for your blog: the way imports are used in the GDP calculation. To me it makes no sense that we would decrease our GDP every time something is
Simon Lester 13 Sep 2010 1 min read

The Clean Energy Subsidy Wars Begin

When I saw this NY Times article the other day, I thought, it's just a matter of time before there are some big trade cases on clean energy subsidies: Until very recently, Hunan Province was known mainly for lip-searing spicy food, smoggy cities and destitute pig farmers. Mao
Simon Lester 10 Sep 2010 3 min read

When Governments Discriminate Against Domestic Products

From the Washington Post: The last major GE factory making ordinary incandescent light bulbs in the United States is closing this month, marking a small, sad exit for a product and company that can trace their roots to Thomas Alva Edison's innovations in the 1870s. "Now what&
Simon Lester 10 Sep 2010 1 min read

Dani Rodrik: Chinese Currency Polices are Bad for Poor Countries

Dani Rodrik says: ... China’s currency policies not only undercut the competitiveness of African and other poor regions’ industries; they also undermine those regions’ fundamental growth engines. What poor nations get out of Chinese mercantilism is, at best, temporary growth of the wrong kind. So Chinese mercantilism is, on balance,
Simon Lester 10 Sep 2010 1 min read

"Best Treatment," "Individual" Claims and the "Class of One"

I've mentioned before (most recently, here) that I'm skeptical of applying a "best treatment" / "individual comparison" standard to non-discrimination in the IEL context (I'm more concerned with WTO rules than with investment treaties, but my views apply to the latter
Simon Lester 07 Sep 2010 7 min read

UNCTAD World Investment Forum

Streaming live from China: UNCTAD is having a day specifically focusing on International Investment Agreements (IIAs) - http://unctad-worldinvestmentforum.org/page/about_wif.  Starting 10am Bejing time on Tuesday morning (10pm DC time on Monday evening), UNCTAD will be doing a live stream of the IIA conference as well as
Simon Lester 07 Sep 2010 1 min read

Price Controls and GATT Article III

From Reuters: Kenya's President Mwai Kibaki has refused to pass into law a bill that would have returned the country to fixing essential food and fuel prices, a policy abandoned in the 1990s in favour of economic liberalisation. In June, Kenya's parliament passed a bill with
Simon Lester 03 Sep 2010 1 min read

Concerns about Overseas Land Investment

Recall the concern about companies buying up land in developing countries for agricultural purposes (see here and here).  Apparently, it's not just developing countries who are worried.  This is from some discussion in the New Zealand government: Overseas Investment Rules—New Zealand - China Free Trade Agreement 2.
Simon Lester 03 Sep 2010 3 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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