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Guest Post: Proof that WTO subsidy rules are out-of-date in the climate change age

This is a guest post from trade lawyer Bixuan Wu of the Hiways law firm: Last December, the US Commerce Department ruled that, under the EU's Emission Trading System, extra free allowances received by EU producers with high carbon leakage risks constituted a countervailable subsidy. Soon after the
Simon Lester 29 Sep 2021 2 min read

A Sixth Agreement To Use the MPIA

I previously noted the five WTO disputes where agreed procedures between the parties for using the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) have been circulated (as well as an agreement to use Article 25 arbitration outside the context of the MPIA). There is now a sixth dispute, China - Canola
Simon Lester 28 Sep 2021 1 min read

RCEP's Airtight Data Localization Security Exception

Security exceptions in international economic law agreements tend to be more expansive than other exceptions, but over on Twitter Geraldo Vidigal pointed out recently that the RCEP security exception for data localization measures has an element that seems to go further than usual, giving any government that invokes the exception
Simon Lester 26 Sep 2021 1 min read

Call for Venues for the SIEL Biennial Global Conference in 2023

From the SIEL: The Society of International Economic Law (SIEL) is seeking a suitable venue and institutional host for the Eighth Biennial SIEL Global Conference, to be held in July 2023. The Call for Venues is open to all institutions (including consortia or collaborations of institutions) active in the field
Simon Lester 21 Sep 2021 1 min read

Guest Post: The CPTPP/TPP-11, the UK and China

This is a guest post from law professor Jaime Tijmes Trans-Pacific Partnership (TPP) negotiations concluded in October 2015.[1]  United States President Obama heralded the TPP as a renegotiation of NAFTA: …TPP representing a renegotiation of NAFTA… (available at https://web.archive.org/web/20191217063334/https://ustr.gov/tpp/) As
Simon Lester 20 Sep 2021 4 min read

The Eco Oro Minerals v. Colombia Award: More Evidence that MST/FET Can't Be Salvaged

Over on Twitter, lots of people are talking about the recent investment arbitration award in Eco Oro Minerals v. Colombia. (For Investment Arbitrator Reporter subscribers, a summary of the tribunal's reasoning is here.) I've followed some of the Twitter discussion, but haven't read the
Simon Lester 19 Sep 2021 5 min read

Can Domestic Disputes Over Who Is the Legitimate Government of a Country Be Addressed at the WTO?

What happens if governments raise concerns at the WTO over whether a particular government is a legitimate one? Here is the U.S. statement at the March 26 DSB meeting as summarized in the official minutes: 1.2. The representative of the United States said that, pursuant to Rule 6
Simon Lester 19 Sep 2021 5 min read

The Possibility of Another Section 301 Investigation on Chinese Trade Practices

At the end of the day on Friday, there were a number of news reports about the Biden administration considering a new Section 301 investigation on China, this time focusing on subsidies. Here's Bloomberg: The Biden administration is weighing a new [Section 301] investigation into Chinese subsidies and
Simon Lester 12 Sep 2021 2 min read

Introducing China Trade Monitor

As many of you know, I left Cato as of July 1. Since then, I've been working with my former Cato colleague Huan Zhu to set up a news/analysis website on China trade issues. It's called China Trade Monitor and you can see it here:
Simon Lester 06 Sep 2021 1 min read

ANZSIL International Economic Law Interest Group Workshop

From the ANZSIL International Economic Law Interest Group: The Co-Chairs of ANZSIL’s International Economic Law Interest Group, Dilan Thampapillai and Chris Riffel, are pleased to present the programme of this year’s workshop. The workshop on Monday, 6 Sept, will be via Zoom and non-presenting attendants can register with
Simon Lester 04 Sep 2021 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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