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Third Party Adjudication vs. Unilateralism

Here's one more post based on the Trade Talks podcast with Stephen Vaughn: Chad P. Bown 16:43 Can I ask a bit more of the details on the enforcement piece? Is what we're thinking about if there is a deal that has some kind of
Simon Lester 01 Dec 2019 2 min read

Interpretation and Judging at the WTO

Here's more from the Trade Talks podcast with Stephen Vaughn: Chad P. Bown 33:26 But can I ask you, then, where is our constructive proposal to have this conversation? So we haven't gotten it from the Europeans or the Chinese or anything yet, but where
Simon Lester 01 Dec 2019 5 min read

The Role of Voters and Policymakers in U.S. Trade Policy, Then and Now

The recent Trade Talks podcast with former USTR General Counsel Stephen Vaughn was very informative. Soumaya and Chad have been kind enough to put together a transcript of the episode. There's a lot to talk about in there. I'm going to kick things off with one
Simon Lester 01 Dec 2019 6 min read

Call for Submissions: Trade, Law and Development

This is from the Managing Editor of Trade, Law and Development, a student-run journal at the National Law University, Jodhpur, India: The Journal is now inviting unpublished manuscripts for publication its 12th Anniversary Special Issue (Vol. 12 No.1, Summer ’20 Issue) on the theme "Trade in Services: A
Inu Manak 25 Nov 2019 1 min read

India-Export-Related Measures

The Panel Report in India-Export-Related Measures (DS541) is a good example of WTO dispute settlement doing what it should, which is delivering the outcomes agreed by the Members, as reflected in the text of the WTO Agreement. When the Subsidies Agreement refers to eight years "from the entry into
Jesse Kreier 24 Nov 2019 1 min read

WTO Dispute Settlement and the Appellate Body Crisis: Insider perceptions and Members’ revealed preferences

Bernard Hoekman sends along this summary of a newly released paper: The Appellate Body crisis usually is presented as the U.S. against the world. Many WTO Members have made clear that they regard a dysfunctional AB as a serious problem for the trading system. One reason is that, depending
Simon Lester 24 Nov 2019 2 min read

Investment Arbitration Reporter Seeks New Contributors/Analysts

This is a great opportunity for young folks in the field of international investment law: Investment Arbitration Reporter is looking for one or more persons to join our team of freelance contributors IAReporter offers specialized reporting on developments in the field of international investment law. We read and digest legal
Simon Lester 22 Nov 2019 2 min read

Trade in Last Night's Democratic Debate

Trade didn't come up too much in last night's Democratic debate, but here are a couple items: MADDOW: ... American farmers are struggling under the effects of President Trump's trade war with China. The Trump administration's payments to farmers to offset those losses
Simon Lester 21 Nov 2019 2 min read

More on Economic Statecraft from the Left

A few months ago, I complained about some calls on the left for "economic statecraft." Now I see an argument from two Georgetown political science professors to the effect that progressives should leverage U.S. economic power to force other countries to adopt specific policies: ... A progressive administration
Simon Lester 20 Nov 2019 3 min read

Does China Comply with Its WTO Obligations?

Over on twitter and elsewhere, I often hear vague allegations along the lines of "China cheats on its WTO obligations." There are two aspects to the issue of China's compliance with its WTO obligations: (1) How does China respond to WTO complaints brought against it, and
Simon Lester 18 Nov 2019 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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