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Human Rights in Trade Agreements

A proposal by a Canadian politician: Canadian opposition lawmaker Scott Brison, whose proposal to include human rights reviews in a free trade accord with Colombia may win its passage, said the idea could jumpstart a similar agreement stalled in the U.S. Congress. Critics of trade with Colombia say President
Simon Lester 06 May 2010 1 min read

Free Speech and Free Trade

Columbia University President Lee Bollinger wants the WTO to help promote free speech: On Google’s recent development with China, Bollinger said, “I have the sense that the lines have been drawn in the sand and Google is withdrawing to Hong Kong and maybe beyond. … What's going to
Simon Lester 06 May 2010 1 min read

NAFTA Chapter 19 Zeroing Decision

As mentioned a little while ago, a NAFTA Chapter 19 panel recently found that zeroing violates U.S. law.  Here's a brief rundown of the majority opinion, and a little bit about the dissent. The issue addressed by the panel majority was:  "Whether Commerce’s Application of
Simon Lester 04 May 2010 7 min read

Fixed vs. Floating Exchange Rates (and Conservative vs. Conservative)

Scott Lincicome reports on recent remarks of Nobel Prize-winning economist Prof. Robert Mundell (who is described by the Heritage Foundation as "the academic founder of supply side economics").  Here's a summary of the key point for my purposes, from Sean Rushton of NRO:[Mundell] says the
Simon Lester 04 May 2010 2 min read

Tobacco Trademarks and BITs, TRIPS and NAFTA

Following up on the "plain packaging of tobacco products under TRIPS" post, which generated a good deal of discussion, there's a related issue in a BIT challenge to Uruguayan measures that affect the use of trademarks.  As Luke Peterson of the Investment Arbitration Reporter explained a
Simon Lester 04 May 2010 2 min read

Pascal Lamy on Trade Fallacies

In a recent speech (well, not that recent at this point -- I got distracted by other things), WTO DG Pascal Lamy addressed six "trade fallacies": Fallacy #1: Comparative advantage does not work anymore Fallacy #2: It is unhealthy for trade to grow faster and faster compared to
Simon Lester 30 Apr 2010 4 min read

Manufacturing Comes Back to America

From the Daily Show: The Daily Show With Jon Stewart Mon - Thurs 11p / 10c Wham-O Moves to America www.thedailyshow.com Daily Show Full Episodes Political Humor Tea Party
Simon Lester 27 Apr 2010 1 min read

Drafting the WTO's "General Exceptions"

Over at Opinio Juris, Roger Alford discusses the different policy exceptions included in the GATT and GATS "General Exceptions," and then says:  " I have yet to discover a satisfactory explanation for the disparate treatment that the WTO drafters have given to the general exceptions in GATT versus
Simon Lester 27 Apr 2010 1 min read

Do BITs Promote Foreign Direct Investment?

From Jason Yackee, on SSRN, a new paper entitled "Do Bilateral Investment Treaties Promote Foreign Direct Investment? Some Hints from Alternative Evidence": In this article I present a multi-method examination of whether bilateral investment treaties, or BITs, are likely to promote inflows of foreign direct investment. Using regression
Simon Lester 27 Apr 2010 1 min read

"Global Competition: Law, Markets and Globalization" by David Gerber

OUP has just published a very interesting, and important, book on the global competition regime. Here is the link. http://www.oup.com/us/catalog/general/subject/Law/?view=usa&ci=9780199228225 and here is the description. Global competition now shapes economies and societies in ways unimaginable only a
Sungjoon Cho 26 Apr 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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