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Did the DSU Drafters Expect DSU Article 11 Appeals?

In the past, I have argued that because the substance of DSU Article 11 existed in the GATT prior to the creation of the DSU, this provision was not designed to be used with the DSU appeals process. But I was poking around in some DSU negotiating history recently, and
Simon Lester 27 Oct 2020 1 min read

Georgetown Journal of International Law Annual Trade Issue

This is from the Georgetown Journal of International Law: The Georgetown Journal of International Law (GJIL) is accepting article submissions on topics broadly related to international trade law for its annual trade issue (Issue 52.3). Deadline for submission is February 15th, 2021. GJIL accepts submissions of manuscripts for publication
Simon Lester 22 Oct 2020 1 min read

Candidates for U.S. Trade Rep. in a Biden Administration

Veteran trade reporter Doug Palmer of Politico has a piece (subscriber only) in which he discusses possible U.S. Trade Representatives in a Biden administration. Here are the names he mentions, broken into two categories set out in the article: Favored by progressives: Thea Lee (president of the Economic Policy
Simon Lester 22 Oct 2020 1 min read

Call for Submissions: Triangulating Freedom of Speech

This is from Prof. Dr. Steffen Hindelang and Dr. Andreas Moberg, inviting contribution from followers of this blog, in particular related to the interface between International Economic Law and Human Rights: Triangulating Freedom of Speech: Business, Social Rights, and the Freedom of Speech in a Digital Age We are pleased
Inu Manak 22 Oct 2020 2 min read

4th SIEL Conversation International Dispute Settlement in the Pandemic

The SIEL sends along the following: 4th SIEL Conversation International Dispute Settlement in the Pandemic In 2020, international dispute settlement has adapted to travel restrictions, lockdowns and remote work – conditions which may last through 2021 or longer. ICSID, the Permanent Court of Arbitration, the WTO and other arbitral institutions have
Simon Lester 21 Oct 2020 1 min read

The WTO Dispute Process In the Pandemic and Beyond

This is from a statement by a number of WTO Members at the September 28 DSB meeting: As we have seen, the WTO dispute settlement system is not immune to the impacts of COVID-19. It is encouraging that, since July, delegates have been able to resume DSB meetings at the
Simon Lester 20 Oct 2020 2 min read

PhD Scholarship in International Trade Law/International Investment Law/International IP Law

Christian Riffel of the University of Canterbury writes to say that he is looking for a PhD student in the areas of international trade law/international investment law/international IP law. The full description of the PhD scholarship is here. The deadline is December 1. New Zealand seems like a
Simon Lester 20 Oct 2020 1 min read

"Who Will Get the Coronavirus Vaccines and When?": Waiving TRIPS Rules To Fight COVID-19

Burcu Kilic of Public Citizen, along with some of her colleagues, had an op-ed this week in The Guardian, in which they argued the following: But who will get the coronavirus vaccines and when? There are two big problems: whether they will be affordable, and whether there will be enough
Simon Lester 17 Oct 2020 5 min read

Saudi Arabia-IP Rights and the security exception

I know the Panel Report in Saudi Arabia - Measures Concerning the Protection of Intellectual Property Rights (DS567) came out way back in June, but I am only getting to it, and it is interesting at many levels. The issue I'd like to flag today is how the
Jesse Kreier 14 Oct 2020 1 min read

UNCITRAL and ISDS Reform (Online): Can You Hear Me Now?

Written by Anthea Roberts and Taylor St. John ‘Can you hear me now?’ is a question that the delegates of Working Group III asked each other often last week, as negotiations on ISDS reform continued but were, for the first time, online. Moving online means that negotiators are also facing
Anthea Roberts 14 Oct 2020 8 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part I

Thanks to Simon for kickstarting a debate on the prospect of bringing economic security provisions into trade agreements, and for allowing me to respond here.
26 Nov 2025 4 min read

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