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Two Points About Dani Rodrik's Latest Piece

Dani Rodrik has a new paper up at NBER, entitled "Putting Global Governance In Its Place." Two things jumped out at me. First, it surprised me that in discussing when regulatory standards are protectionist, he seems unaware of the national treatment principle: Unlike in the case of tariffs
Simon Lester 09 Sep 2019 2 min read

Call for Entries: RMLNLU-CTIL Conference on International Trade Law

This is from the Journal Committee at Dr. Ram Manohar Lohiya National University, Lucknow, in collaboration with Centre for Trade and Investment Law, Indian Institute of Foreign Trade: The Journal Committee at Dr. Ram Manohar Lohiya National University, Lucknow, in collaboration with Centre for Trade and Investment Law, Indian Institute
Inu Manak 09 Sep 2019 1 min read

Guest Post: Energy Policy in EU Free Trade Agreements

This is a guest post from Anna Marhold, Assistant Professor at the Institute of Public Law and the Grotius Centre for International Legal Studies at Leiden University, based on her article, "Externalising Europe’s energy policy in EU Free Trade Agreements: A cognitive dissonance between promoting sustainable development and
Inu Manak 06 Sep 2019 2 min read

The U.S. Defense in the Section 301 Case (DS543)

USTR has posted its first written submission in the DS543 case, which is China's complaint against the U.S. Section 301 measures. Among other things, there is a GATT Article XX(a) public morals argument. I'll let readers be the judge of all this. I wanted
Simon Lester 02 Sep 2019 2 min read

Guest Post: The national security exception in light of US – Certain Measures on Steel and Aluminum Products

This is a guest post from Csongor István Nagy, professor of law, University of Szeged and HAS-Szeged Federal Markets “Momentum” Research Group In this post, I demonstrate three points. First, at the present stage of development the security exception is only slightly judicialized. Second, acts adopted under this exception may
Inu Manak 02 Sep 2019 6 min read

Beto O'Rourke on Trade Policy

In a new post, he has a lot to say! Here are some snippets: President Trump’s disastrous trade war, which he claims was designed to save American jobs, has done just the opposite. “If I’m elected,” President Trump told workers and businesses, “you won’t lose one plant.
Simon Lester 29 Aug 2019 4 min read

The USMCA Sunset Clause Will Not Help Much with Enforcement

A couple months ago, I pushed back on the idea that the USMCA sunset clause will help with enforcement. Now I see it popping up again. This is from Inside US Trade: ... [Tom] Vilsack also argued that the review function in the new agreement -- a watered-down version of a
Simon Lester 27 Aug 2019 2 min read

News Reports About the U.S.-Japan Trade Deal Raise Some Questions

This is from the Nikkei Asian Review: Japan and the U.S. reached a broad trade deal Saturday, with Tokyo agreeing to lower its tariffs on American beef and pork to levels set by the Trans-Pacific Partnership while letting Washington maintain its 2.5% levy on Japanese autos for now,
Simon Lester 25 Aug 2019 4 min read

Humpty Dumpty and the Illusion of 'Evolutionary Interpretation' in WTO Dispute Settlement

This is a new paper from Graham Cook of the WTO: For those interested, here is a new paper called "Humpty Dumpty and the Illusion of 'Evolutionary Interpretation' in WTO Dispute Settlement" included in Evolutionary Interpretation and International Law (which brings together authors from diverse areas
Simon Lester 23 Aug 2019 1 min read

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.
Simon Lester 21 Aug 2019 3 min read

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International Economic Law and Policy Blog

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Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

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