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The Illegitimate AB Report in Russia - Railway Equipment

The Illegitimate AB Report in Russia - Railway Equipment Steve Charnovitz 5 February 2020 I write this commentary reluctantly.  The World Trade Organization's Appellate Body has been unfairly maligned by the Trump Administration and by the international trade law community.  I say "unfairly" because so far,
Charnovitz 05 Feb 2020 3 min read

Guest Post: Pragmatism and flexibility in UNCITRAL Working Group III: Too much of a good thing?

This is a guest post by Lise Johnson and Lorenzo Cotula On January 20-24, 2020, delegates to UNCITRAL’s Working Group III met in Vienna to continue their work on ISDS reform. This was the first session devoted to discussing “structural” reforms, such as a standing investment court and an
Simon Lester 05 Feb 2020 6 min read

Is a Safeguard Measure Related to an Anti-Dumping Measure?

This is from the WTO's summary of last week's DSB meeting: Morocco said that the anti-dumping measure at issue in its dispute with Turkey in DS513, "Morocco — Anti-Dumping Measures on Certain Hot-Rolled Steel from Turkey", expired on 26 September 2019, and that Morocco therefore
Simon Lester 04 Feb 2020 2 min read

Interpreting EU Law under the New UK/EU Trade Arrangement

This is from the EU draft mandate for negotiations with the UK: Should a dispute raise a question of interpretation of Union law, which may also be indicated by either Party, the arbitration panel should refer the question to the CJEU as the sole arbiter of Union law, for a
Simon Lester 04 Feb 2020 1 min read

Brexit, CETA and trade remedies

It is of course now clear that the post-Brexit trading relationship between the UK and the EU is to be governed by an FTA, and that Britain will not remain in a Customs Union with the EU. The 17 October 2019 "Political Declaration" between the EU and the
Jesse Kreier 03 Feb 2020 1 min read

A Couple Comments on Boris Johnson's Trade Speech

UK Prime Minister Boris Johnson said the following in a speech today: We have the opportunity, we have the newly recaptured powers, we know where we want to go, and that is out into the world. And today in Geneva as our ambassador Julian Braithwaite moves seats in the WTO
Simon Lester 03 Feb 2020 11 min read

Remembering WTO DG Mike Moore

Steve Charnovitz 2 February 2020 I was saddened to hear of the recent passing of Mike Moore, the WTO's 3rd Director General. Moore was a great statesman of New Zealand and served briefly as its Prime Minister.  In the trade community, Moore is remembered for his hard work
Charnovitz 02 Feb 2020 1 min read

Guest Post: Update from ‘the Void’: Questions for the new Interim Appeal Agreement (IAAA)

This is a guest post by Mattijs Kempynck* & Akhil Raina** Introduction: Learning how to say ‘I-A-A-A’ The recent Davos summit filled in the ‘void’ somewhat. Ever since the World Trade Organization’s (WTO) Appellate Body (AB) became non-functional in early December last year, commentators of all hues had been
Simon Lester 30 Jan 2020 12 min read

**Job Advert** Stanford Law School Teaching Fellowship

STANFORD LAW SCHOOL seeks to hire a teaching fellow for the LLM Program in International Economic Law, Business & Policy. The appointment is for a two-year position with the possibility of a third year by mutual agreement, beginning In August 2020. The fellow will assume significant academic, advising and administrative
Mona Paulsen 29 Jan 2020 1 min read

Deadline for SIEL / JIEL / OUP Essay Prize Approaching: 14 February 2020 

Deadline for SIEL / JIEL / OUP Essay Prize Approaching: 14 February 2020 The annual SIEL / JIEL / OUP Essay Prize is awarded to the best essay submitted on any topic in the field of international economic law. It is open to all current undergraduate and graduate students of any university or other
Simon Lester 28 Jan 2020 1 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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