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MPIA Arbitration: What will happen to the present AB jurisprudence?

There is a deafening silence in the MPIA documents published so far about the future status of current AB jurisprudence before the MPIA arbitrators. Since, after all, the MPIA arbitrators will function as an arbitral tribunal, it is essential to consider the role of arbitral jurisprudence in International Investment Law.
Marc Benitah 03 May 2020 2 min read

The Pool of Arbitrators for the MPIA

From the European Commission: Today, the EU and other WTO members have formally notified the ‘Multi-party interim appeal arbitration arrangement’ (MPIA) to the World Trade Organization (WTO). This notification marks the start of the application of the MPIA to disputes arising between the participating WTO members. Annex 2 of the
Simon Lester 30 Apr 2020 1 min read

John H. Jackson Moot Court Competition: Call for Case Authors

ELSA International invites proposals from prospective case authors to write the Moot Court Case for the 19th edition of the John H. Jackson Moot Court Competition, formerly known as the ELSA Moot Court Competition on WTO Law. The Competition is a simulated hearing of a World Trade Organization dispute settlement
Simon Lester 29 Apr 2020 2 min read

A Short History of Buy American Content Requirements in SBA Loans

A couple weeks ago, Steve Charnovitz posted about a domestic content requirement in the U.S. Paycheck Protection Program being run by the Small Business Administration. We discussed the issue a bit in the comments, but I was curious about the origins of the requirement. I asked a Cato intern
Simon Lester 24 Apr 2020 5 min read

Guest Post: Are the ‘Lester Principles’ too ‘neo-liberal’ for a WTO consensus?

Guest Post by Prof. Ernst-Ulrich Petersmann, European University Institute, Florence In his Post of 19 April 2020, Simon Lester made three proposals in order to satisfy the most significant US concerns with the WTO Appellate Body in ways acceptable for the rest of the WTO membership: ‘(1) limiting the scope
Simon Lester 23 Apr 2020 6 min read

U.S. Says It Won't Comply in DS505 (Supercalendered Paper)

Here is a communication from Canada dated April 16 related to the Supercalendered Paper case: The Dispute Settlement Body (DSB) adopted the recommendations of the panel and Appellate Body in US – Supercalendered Paper (DS505) on 5 March 2020. Pursuant to Article 21.3 of the Dispute Settlement Understanding (DSU), the
Simon Lester 22 Apr 2020 3 min read

Virtual Symposium on EU Investment Screening

This is from Steffen Hindelang, University of Southern Denmark and Jens Hillebrand Pohl, Academy of European Law / Maastricht University: Virtual Symposium on EU Investment Screening You are warmly invited to attend an online symposium on Investment Screening in the European Union, to be webcast live on 29 April 2020, 14:
Inu Manak 21 Apr 2020 1 min read

WTO Dispute Settlement Misunderstandings: How To Bridge the Gap Between the United States and the Rest of the World

When the Uruguay Round of multilateral trade negotiations was completed, the world trading system was transformed in several important ways: A formal institution was created, as the World Trade Organization (WTO) replaced the General Agreement on Tariffs and Trade (GATT) (which had been operating as a de facto institution); the
Simon Lester 19 Apr 2020 12 min read

AJIL Agora on Pandemic

The American Journal of International Law is issuing a worldwide call for papers for an Agora symposium to be published in the October 2020 issue of the Journal. The topic – “The International Legal Order and the Global Pandemic” – recognizes that the present crisis raises foundational questions for the international legal
Trachtman 17 Apr 2020 1 min read

Trade Policy in the 2020 Presidential Campaign

In the coming months, we will start seeing political ads for the 2020 presidential campaign. Trade policy is likely to feature prominently, especially in certain industrial states. The Trump campaign posted a video recently that perhaps gives us a flavor of their message. The trade part starts around 17:50.
Simon Lester 16 Apr 2020 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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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