International Economic Law and Policy Blog

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Simon Lester

Can Industrial Policy Be Kept Out of the Wrong Hands?

Todd Tucker has a new paper in which he argues in favor of "industrial policy and planning." I was planning to follow a policy of industriously ignoring it, because I didn't want to call attention to it. Better just not to talk about it, I thought.

Can Party Modifications to DSU Rules on Appellate Review Help with the Appellate Body Crisis?

What is the scope of party modifications to the DSU for particular cases, and could it help with the Appellate Body appointment crisis? It may not be an ideal solution, but take a look at the following example and see if it could be applied to the Appellate Body crisis.

What's the Status of Panel Blocking in the New NAFTA?

This is from Ambassador Lighthizer's responses to the questions for the record from a June 19 House Ways and Means Committee hearing: From Representative Bill Pascrell to Ambassador Robert E. Lighthizer 1. Using Section 301 could invite retaliation. And Mexico and Canada agreed to fix panel-blocking in the

Guest Post: Tariff Authority under the U.S. Constitution and Practice

This is a guest post from Bashar H. Malkawi, Professor of Law, University of Sharjah Under the Commerce Clause of the U.S. Constitution, the Congress has the power to regulate commerce with foreign nations. In addition, Congress has the exclusive power to regulate commerce among the several states and

Trade in the Second Night of the Democratic Primary Debate

Here is the discussion of trade in last night's Democratic primary debate: HARRIS: First of all, Donald Trump came in making a whole lot of promises to working people that he did not keep. He said he was going to help farmers. He said he was going to

Trade In Last Night's Democratic Primary Debate

There was some discussion of trade in last night's Democratic primary debate: [DON] LEMON: ... Let's turn now to the economy. Congressman Ryan, President Trump's tariffs have boosted the U.S. steel industry but hurt auto manufacturers like those here in Michigan, which could drive

Good Questions on the Sunset Clause

This is a good set of questions, as a follow-up to a recent Senate Finance Committee hearing, from Senator Toomey to U.S. Trade Representative Lighthizer on the USMCA sunset clause: The renegotiated NAFTA agreement contains a new mechanism called “Review and Term Extension,” i.e. a sunset provision, which

Call for Papers: Research Workshop – Sociological Perspectives on International Economic Law and Human Rights Law

This is from the European University Institute: International law is rooted in communities, influencing and affected by social groups and their socio-cultural features. Thus, a variety of socio-cultural factors and processes are intertwined in the formation, interpretation and implementation of international law. This fifth workshop on the sociology of international

Some Quick Thoughts on Warren's Trade Policy Plan

Elizabeth Warren's campaign team has just posted a document entitled "It's Time for a New Approach to Trade." My initial reaction is that it's difficult to see how there would be much, if any, trade liberalization in a Warren administration; however, there

What Does the U.S. Want To See Happen With Appellate Body Reform?

This is from a U.S. statement to the DSB yesterday: * We have listened closely as several Members have criticized the United States. These Members argue that the United States has failed to participate in ongoing discussions on Appellate Body reform. * These statements are wrong – and appear to represent public