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“Currency Reform for Fair Trade Act”: How Does it Settle the Debate about the Subsidy Nature of An Undervalued Currency?

Even when  legal analysts agree that the undervalued Yuan is equivalent to a subsidy under WTO rules, they disagree however about how to find in this instance,  “financial contribution”, “benefit” and “specificity”. I was curious to see how the recent draft of the “Currency Reform for Fair Trade Act” arbitrates
Marc Benitah 19 May 2009 2 min read

The Seals Dispute: The Economist Offers Some Arguments

In this week's issue, the Economist weighs in on the EU's decision to ban most seal products.  They make the point that if the EU wanted to promote animal welfare, they had other avenues, closer to home, to do so: ROUGHLY handled, and incompetently stunned, terrified
Simon Lester 18 May 2009 1 min read

Important Speeches by Tim Groser

Ambassador Tim Groser, New Zealand’s dynamic minister of trade, gave two important speeches this week.  The speeches are posted at http://www.beehive.govt.nz/minister/tim+groser. The first speech is titled “Adapting the International Trade Regime to New Challenges: Climate Change.”  The speech was delivered on May
Charnovitz 15 May 2009 2 min read

Would the US-Korea FTA be good for the WTO system? Can the USA be both for multilateralism and for FTAs?

Those following the proposed Discriminatory Trade Agreement (‘DTA’ – some of you call them FTAs) between the USA and South Korea may be interested in my submission to the Australian government regarding the proposed negotiation of a DTA between Australia and South Korea. You can find it here http://www.dfat.
Brett Williams 15 May 2009 5 min read

The Latest on Currency Disputes

I'm going to go out on (somewhat of) a limb, and predict that this legislation, or something like it, will pass and result in a major trade dispute in the near future: US lawmakers on Wednesday unveiled a plan to retaliate against countries, like China, that allegedly manipulate
Simon Lester 13 May 2009 1 min read

Is the Intel Verdict Protectionist?

Some people say yes: American technology advocates and legal experts have roundly condemned the EU's decision to fine Intel nearly a billion pounds for breaking anti-trust laws. Grant Aldonas, Senior Advisor at the bipartisan Center for Strategic and International Studies (CSIS), says, "This is a potentially costly
Simon Lester 13 May 2009 1 min read

"U.S. trade chief wows partners, substance awaited"

That's how Reuters describes USTR Ron Kirk's Geneva trip.  More here.
Simon Lester 13 May 2009 1 min read

Interpreting International Law

On SSRN, Professor Michael Paulsen has posted "The Constitutional Power to Interpret International Law."  An extract from the paper: What, then, of international bodies’ interpretations of international law, including international treaties to which the United States is party—such as the U.N. Charter, the Geneva Conventions, and
Simon Lester 11 May 2009 3 min read

Is the Beef Hormones Dispute Settled?

My reading of the terms of the "provisional" agreement signed last week between the U.S. and EU on the WTO beef hormones dispute was that some small steps had been taken, but there was still a lot of work to be done.  In particular, the key issue
Simon Lester 11 May 2009 1 min read

The Impact of Buy America

Not so good for at least one Canadian company: A Toronto company that has been exporting pipe to the United States market for 60 years recently landed a contract to supply plastic piping for a new health-care centre at the Camp Pendleton Marine base in California. But the piping is
Simon Lester 10 May 2009 1 min read

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International Economic Law and Policy Blog

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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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