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Monitoring Protectionism

Do you have a new instance of protectionism to report?   Here's a place to do it: Global Trade Alert provides real-time information on state measures taken during the current global downturn that are likely to affect foreign commerce. It goes beyond other monitoring initiatives by identifying the trading
Simon Lester 09 Jun 2009 1 min read

It's Becoming Difficult to "Buy American"

Dan Ikenson of Cato explains: Shake your head and chuckle as you learn that even the “DNA” of the U.S. steel industry, which pushed for adoption of the most restrictive Buy American provisions and which has been the manufacturing sector’s most vocal proponent of trade barriers over the
Simon Lester 09 Jun 2009 1 min read

Obama Administration Begs Off Freedom of Association Commitments

On May 11, 2009, the U.S. Department of State sent a letter to the Senate Foreign Relations Committee to inform them of the Administration’s priorities for action on treaties currently before the Committee. Sad to say that the ILO Convention on Freedom of Association and the Right to
Charnovitz 06 Jun 2009 1 min read

Two Views of How To Respond to Buy America

Prime Minister Harper: Canada is interested in a free trade deal with the United States that would open up local government procurements to both countries. The interest comes as Canadian companies continue to report difficulties in winning government contracts in U.S states and cities because of "Buy American&
Simon Lester 06 Jun 2009 1 min read

Two Articles on the Appellate Body

From the latest JIEL, here are two articles on the Appellate Body by Alberto Alvarez-Jimenez: The WTO Appellate Body's Decision-Making Process: A Perfect Model For International Adjudication? The functioning of the Appellate Body (AB) is virtually perfect in terms of collegial decision-making. During its first 12 years, it
Simon Lester 06 Jun 2009 2 min read

Trade 2.0

"Trade 2.0," posted on SSRN by Anupam Chander.  Here is the abstract: Where the last century saw the dismantling of barriers to trade in goods, the new century will see the dismantling of barriers to trade in services. Once theorized as nontradable, services now join goods in
Simon Lester 06 Jun 2009 1 min read

Dan Ikenson on a Chinese Company Buying Hummer

As many have probably heard already, a Chinese company is likely to buy the Hummer brand.  Dan Ikenson of Cato offers the following thoughts on the deal: Not only is the Hummer offer the first bid for a GM asset in bankruptcy, but the bidder is foreign. Not only is
Simon Lester 03 Jun 2009 1 min read

The Scope of DSU Article 21.5: Claims That Could Have Been Brought in the Original Proceeding

In the recent U.S. - Zeroing (EC), Article 21.5 dispute, there was a systemic issue related to bringing "new" claims in an Article 21.5 proceeding:  If a claim could have been brought against the measure at issue in the original proceeding, but was not, can
Simon Lester 02 Jun 2009 3 min read

Does the GM Bailout/Takeover/Bankruptcy Violate the GATT?

Phil Levy of AEI makes the case in relation to one aspect: GM had recently informed Congress that it planned to produce roughly 50,000 subcompacts per year in China to sell in the U.S market in the near future. However, on Thursday, UAW President Ron Gettelfinger said that
Simon Lester 01 Jun 2009 1 min read

The Response to Buy America

From Canada's National Post: The federal government is looking to cut a deal with Washington that would persuade U.S. legislators to repeal controversial Buy American measures that Canadian firms say are costing them sales and forcing them to shed jobs. The key element of such a pact,
Simon Lester 29 May 2009 1 min read

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International Economic Law and Policy Blog

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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