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Investor-State in FTAs

In the context of the proposed Trans-Pacific Partnership Agreement, the Emergency Committee for American Trade makes the following point: The U.S.-Australia FTA did not include one vitally important component of a strong investment chapter, namely investor-state dispute settlement. ECAT very strongly urges that investor-state dispute settlement be included
Simon Lester 02 Aug 2009 1 min read

In Praise of Trade Deficits

From the always provocative Don Boudreaux: Beyond contributing to American economic vitality, foreign investment here signals global confidence in that vitality. Investors go long only in assets or places that promise a reasonable prospect of future profits. These facts are why the recent decline in America's trade deficit
Simon Lester 02 Aug 2009 1 min read

Mutual Assured Dumping

The AFP mentions the following interesting fact in relation to the WTO complaint by China against EU anti-dumping duties on fasteners (e.g., screws and bolts): In one of the biggest anti-dumping cases against China, the EU decided after an investigation to impose levies on imports of some Chinese fasteners,
Simon Lester 02 Aug 2009 1 min read

Is there an Abuse of the Arguendo Technique in WTO Panel Reports?

I have just finished reading the panel report relating to CVDs imposed by Mexico on Olive Oil from the European Communities, and it strikes me that the  arguendo technique has become pervasive in recent panel reports. What panels are really doing through this technique (certainly out of fear of the
Marc Benitah 29 Jul 2009 1 min read

WTO Litigation Costs and the Seal Products Case

I was recently talking to someone writing a paper about the costs of litigating WTO disputes, so I found the following quite interesting.  Commenting on the Seal Products dispute, a lawyer who would probably know these things suggests the following in relation to that case: A WTO challenge would likely
Simon Lester 28 Jul 2009 3 min read

Philippine Pharma Price Prohibitions on Patented Potions

Todays' WSJ reports that "President Gloria Macapagal Arroyo imposed price controls on several branded drugs when their manufacturers failed to comply with a new law designed to lower retail prices."  On a quick review, I don't see anything in TRIPS that would restrict the ability
Trachtman 28 Jul 2009 1 min read

GATT Article VI:5 and Dual Remedies for AD/CVD

GATT Article VI:5 states: No product of the territory of any contracting party imported into the territory of any other contracting party shall be subject to both anti-dumping and countervailing duties to compensate for the same situation of dumping or export subsidization. In its first written submission in the
Simon Lester 27 Jul 2009 4 min read

"Devaluations Cause Trade Tensions"

This statement comes from an article in this week's Economist.  Earlier in the piece, they talk about the Great Depression and make the following point that helps explain why devaluations cause trade tensions: Countries that cut the link to gold quickly and allowed their currencies to fluctuate endured
Simon Lester 27 Jul 2009 1 min read

Chief Trade Adviser to Forum Island Countries

This looks like a great job for somebody: The [Pacific Island Forum] Secretariat is looking to appoint a suitably qualified and experienced person to work as the: • Chief Trade Adviser to Forum Island Countries for Pacific Agreement on Closer Economic Relations (PACER) Plus negotiations The Chief Trade Adviser will be
Simon Lester 26 Jul 2009 2 min read

Charnovitz: USTR Advisory Groups Need To Be Improved

The final cross-post from Steve Charnovitz: by Steve Charnovitz Having advisory groups is important for governments and international organizations.  Left to themselves, government bureaucrats and international civil servants are often unimaginative and lack good ground-level information. As I have noted in my scholarship over the past decades (see my website
Simon Lester 24 Jul 2009 5 min read

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International Economic Law and Policy Blog

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Featured

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 4 min read

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

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