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The Future of the WTO

Some big names will weigh in on this weighty issue at a conference in DC, on Sep. 23: The Future of the WTO A conference presented by American University Washington College of Law, the Emerging Dynamic Global Economies (EDGE) Network, and the German Marshall Fund (GMF) Is the WTO ready
Simon Lester 02 Sep 2010 1 min read

USTR Job

In the Office of the General Counsel: The Office of the General Counsel at the Office of the U.S. Trade Representative (USTR), Executive Office of the President, is seeking an attorney with experience in international trade law, trade litigation and negotiation. Incumbent provides legal support for USTR personnel in
Simon Lester 02 Sep 2010 1 min read

Call for Papers: 2011 ILA Asia-Pacific Regional Conference

The Chinese (Taiwan) Society of International Law is pleased to hold the International Law Association (ILA) Asia-Pacific Regional Conference from May 29 to June 1, 2011 in Taipei, Taiwan. The theme of the conference will be Contemporary International Law Issues in the Asia Pacific: Opportunities and Challenges. Paper and panel
Simon Lester 02 Sep 2010 1 min read

Export Subsidies and Currency Undervaluation

Speaking of export subsidies, the U.S. Department of Commerce has rejected an argument that China's currency undervaluation should be considered an export subsidy under U.S. countervailing duty law: Regarding Petitioners’ allegation that China’s currency regime confers a de jure specific export subsidy, the cited foreign
Simon Lester 31 Aug 2010 1 min read

More on Export Contingency

In this post, I'm going to explain what I meant in the last post.  No doubt a few people saw what I was getting at.  But I know that, with the beginning of the academic year, a lot of new students are reading this blog, and there'
Simon Lester 30 Aug 2010 2 min read

Export Contingency in EC - Aircraft

In its other appellant submission in the EC - Aircraft case, the U.S. criticizes certain aspects of the Panel's reasoning under the SCM Agreement Article 3.1(a) export contingency standard.  In particular, the U.S. disagrees with what it says is the Panel's consideration
Simon Lester 29 Aug 2010 4 min read

Duty Suspensions and GATT Article II

Here's something from the EC - IT Products case that I'm still thinking through.  The basic issue is this.  The EC is imposing a duty that the Panel found is in excess of its bound rate.  Thus, there is a violation of Article II:1(b)
Simon Lester 26 Aug 2010 4 min read

Textual Analysis in WTO Dispute Settlement: More Than Just Words

How do you interpret a colon?  This is from the EC - IT Products panel report: The relevance of the colon to an understanding of the terms in the concession Arguments of the parties 7.862 Japan and Chinese Taipei consider the relevance of the use of the colon in
Simon Lester 26 Aug 2010 2 min read

Protecting Citizens Who Work Abroad

When a country exports goods, it doesn't generally care what happens to those goods once they are sent abroad.  There may be some exceptions:  treatment of animals; nuclear materials; perhaps the use of guns and other weapons.  But for the most part, this is not a big concern.
Simon Lester 24 Aug 2010 2 min read

The EC - IT Products Panel Sees Through the Parties

This is from the EC - IT Products panel: 7.421 Both the complainants and the European Communities have put forward competing interpretations of the motivations and effects of these modifications which, not surprisingly, support their respective positions regarding the key interpretative issue described above.
Simon Lester 24 Aug 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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