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Harley-Davidson Plays the State Competition Game

From the AP: It's the roar that made Milwaukee famous — the distinctive throaty rumble of a Harley-Davidson motorcycle. But that much-loved racket could be rumbling away to another state if the company cannot bring down its labor costs. Harley-Davidson warned employees in April that it will move its
Simon Lester 04 Aug 2010 1 min read

Two Takes on the Enron ICSID Annulment Decision

Luke Peterson provides the basic details: A review panel at the International Centre for Settlement of Investment Disputes (ICSID) has annulled a 2007 arbitral award rendered in favour of the Enron corporation and Ponderosa Assets L.P. (hereinafter Enron”) in a dispute arising out of the Argentine financial crisis. The
Simon Lester 04 Aug 2010 2 min read

Defining the Boundaries of International Economic Law

Regardless of which side of the debate you are on, I think this op-ed by Canadian political science prof Adam Harmes states the issues quite well: As premiers gather for their annual conference in Winnipeg this week, the issue of reducing interprovincial trade barriers will no doubt be a topic
Simon Lester 04 Aug 2010 1 min read

Requiring Foreign Manufacturers to Have a Domestic Worker

Other bills Speaker Pelosi hopes to pass soon include ... a requirement that foreign manufacturers keep at least one worker stationed in the U.S. so the company can be officially served with court papers.http://seminal.firedoglake.com/diary/62330That's probably not a big deal for large companies,
Simon Lester 03 Aug 2010 1 min read

"Tolerating" Zeroing under International Law

I know that not everyone reads the comments, so I thought I'd pull something out of the comments on a previous post by Marc Benitah on the Kosovo ICJ decision.  In our brief back and forth there, Marc pointed me to a statement by Judge Simma in his
Simon Lester 03 Aug 2010 1 min read

Trade in Legal Services, Country by Country

The Economist reports on the globalization of legal services, with a number of countries highlighted: China, Brazil, Hong Kong: In China and Brazil foreign firms have flourished by offering advice on international law, but they cannot provide legal representation in local courts. (An exception is Hong Kong, which has recently
Simon Lester 03 Aug 2010 1 min read

Bullfighting, Seal Products and the WTO

Reuters reports:  Lawmakers dealt the death blow to bullfighting in Catalonia on Wednesday, outlawing the centuries-old blood sport for the first time in a mainland region of Spain. The result of 68 in favor, 55 against the ban was expected, since the Catalonian parliament had cast preliminary votes in December
Simon Lester 01 Aug 2010 2 min read

Trade in Everything: Prisoners (Again)

The proposal to send certain California inmates to Mexican prisons doesn't seem to have gone anywhere, but it appears that there is, in fact, a market for trade in prison services, as the Economist reports: THE border between Belgium and the Netherlands can be easy to miss: a
Simon Lester 01 Aug 2010 1 min read

Trade in Everything: [Censored]

A headline from law.com: "Copycat Sex Toys Stimulate ITC Patent Fight": At first glance, a recent complaint at the U.S. International Trade Commission -- Devices Having Elastomeric Gel and Components Thereof -- sounds like a typical high-tech patent dispute. That is, until you get to the
Simon Lester 01 Aug 2010 1 min read

USTR Ron Kirk on WTO Trade Enforcement

From Reuters: But in the same news conference, Kirk also made clear his dislike for WTO litigation, which can take years to resolve and often produce mixed results. "My guiding principle is that where we can get issues resolved through direct negotiations, no matter how difficult they are, we&
Simon Lester 30 Jul 2010 2 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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