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Coming Soon: An EU Investment Policy

The European Commission announces the following today: The European Commission today took the first step towards a comprehensive European international investment policy with two initiatives. A policy paper lays out how the new EU competence on foreign direct investment can be used to boost competitiveness and trade resulting in growth
Simon Lester 07 Jul 2010 3 min read

Trade in Everything: Serbian Football (Soccer) Coaches

From Emmanuel at IPE Zone: Somewhat overlooked, however, was the role played by Ghana's Serbian coach Milovan Rajevac.  When it comes to coaches plying their trade internationally, few compare to the Serbians' drive for adventure. There is something innately curious at work here, so much so that
Simon Lester 07 Jul 2010 1 min read

The Aircraft Report: Debating the Role of International Law

From the Interim Review section of the Aircraft report: 6.20 According to the United States, the last sentence of paragraph 7.46 of the Interim Report may be read to suggest that the Panel is applying Article 28 of the Vienna Convention on the Law of Treaties (VCLT) as
Simon Lester 04 Jul 2010 2 min read

The Aircraft Report: Debating the Role of Precedent

This is from the Interim Review section of the Aircraft report: 6.26 The United States requests that the first sentence of paragraph 7.248 of the Interim Report be modified to remove any suggestion that reports of the Appellate Body are binding except with respect to resolving the particular
Simon Lester 04 Jul 2010 1 min read

Speaking of Subsidies

This is from President Obama's weekly address: ...  today, I’m announcing that the Department of Energy is awarding nearly $2 billion in conditional commitments to two solar companies. The first is Abengoa Solar, a company that has agreed to build one of the largest solar plants in the
Simon Lester 03 Jul 2010 1 min read

Export Contingency and Intent

From the EC - Aircraft panel report: 7.648 Correctly interpreted, the legal standard set out in footnote 4 indicates that a subsidy may be found to be contingent in fact upon anticipated export performance, and therefore prohibited under Article 3.1(a), when there is evidence demonstrating the existence
Simon Lester 03 Jul 2010 1 min read

Issues for Appeal in Aircraft

Here are the obvious ones I've seen so far in reading through the report. For the EU:  The finding that certain launch aid/member State financing constitutes prohibited export subsidies (paras. 7.582-716).  It would be nice for the EU to not have these subsidies classified as "
Simon Lester 02 Jul 2010 1 min read

ACTA is about Sustainable Development

Well, sort of.  This is from USTR: Participants stressed the importance of ACTA as an agreement that will establish an international framework for their efforts to more effectively combat the proliferation of counterfeiting and piracy, which undermines legitimate trade and the sustainable development of the world economy. I'm
Simon Lester 02 Jul 2010 1 min read

A Few Points About the Aircraft Decision

Nothing that important, but a couple things of note. First, Boeing has provided a nice breakdown of the findings for each measure.  We often do this in our DSC, but they've saved us the trouble.  (I assume they got it right, but have not double-checked). Second, I'
Simon Lester 30 Jun 2010 1 min read

The WTO Aircraft Decision

It's out, and it's just about as long as they said it would be.  Here's the "abbreviated" version -- just the background and findings, with the parties' arguments and annexes taken out -- on our web site.  This version is "
Simon Lester 30 Jun 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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