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The First WTO Dispute of the Year: Another Alcohol Tax Discrimination Case

Sometimes I think that being involved in an alcohol tax discrimination dispute is kind of like a rite of passage for WTO Members.  The latest one is the first complaint of 2010: United States Trade Representative Ron Kirk announced today that the United States has requested World Trade Organization (WTO)
Simon Lester 19 Jan 2010 1 min read

Barbie Protectionism

From AFP: Chavez, in his weekly radio-TV show "Alo Presidente," called on Venezuelan manufacturers to make "educational" toys and dolls with indigenous peoples' features to replace capitalistic counterparts like the Barbie doll that "have nothing to do with our culture." ... Venezuela, Chavez said,
Simon Lester 19 Jan 2010 1 min read

Using Trade Measures to Promote Democracy, Human Rights, Etc.

A couple days ago, I posted about Pascal Lamy's speech on human rights, where he said, among other things, that " trade measures are the most commonly used instrument in developed countries to put pressure on states violating human rights. "  Presumably, one type of measure he had
Simon Lester 17 Jan 2010 3 min read

Google's Troubles in Foreign Markets: First China, Now France?

From the Economist: FRENCH internet executives, bloggers and web users cringed in early January when an independent report for the ministry of culture proposed a tax on online advertising revenues, aimed at American firms such as Google, Microsoft, AOL, Yahoo! and Facebook, to pay for new subsidies for the music,
Simon Lester 17 Jan 2010 1 min read

The China - Publications Decision: Is The Appellate Body Becoming "Activist"?

Activist is a loaded term, I know, and that's not really what I mean.  What I have in mind is the Appellate Body's apparent willingness in China - Publications to address issues that it could have avoided, and its establishment of standards that make issue avoidance
Simon Lester 15 Jan 2010 3 min read

Fred Abbott on the Seizure of Generic Drugs in Transit

Fred Abbott has posted "Seizure of Generic Pharmaceuticals in Transit Based on Allegations of Patent Infringement: A Threat to International Trade, Development and Public Welfare" on SSRN: This essay addresses the legitimacy of seizures by the customs authorities of some European Union member states of pharmaceutical products moving
Simon Lester 15 Jan 2010 1 min read

Google and China: Protectionism or Censorship?

In Foreign Policy, journalist Jordan Calinoff asks, "Is web censorship just an excuse to drive out foreign competition and give a boost to Chinese brands?"  He then writes: ... Google, like Yahoo before it, has been systematically forced out of the market by a Chinese government determined to purge
Simon Lester 15 Jan 2010 1 min read

Pascal Lamy on Trade and Human Rights

WTO DG Pascal Lamy makes some interesting points (as he often does) in his recent speech on trade and human rights.  Here are the ones that jumped out at me (quoted portion indented), with some quick comments. 1. Good governance and transparency are essential for trade. What role do human
Simon Lester 14 Jan 2010 3 min read

Proposed Amendments to the AB Working Procedures

The Appellate Body is proposing some amendments to its Working Procedures (Word Doc): We propose the following three amendments to the Working Procedures:  · First, we suggest that an appellant's written submission be filed when an appeal is commenced, namely, on the same day as the filing of a
Simon Lester 14 Jan 2010 1 min read

Anti-Dumping Laws as a Reason for Foreign Investment

From the FT: Huawei Technologies, the Chinese telecoms equipment company, is to make a $500m investment in its research and development operations in the southern Indian city of Bangalore as part of an effort to avoid falling foul of tension between New Delhi and Beijing. Max Yang, Huawei's
Simon Lester 14 Jan 2010 1 min read

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International Economic Law and Policy Blog

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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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