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The ITC's USMCA Report: The ISDS Section

This is the ISDS section of the ITC's USMCA report (starts on p. 199, footnotes omitted): Modeling of Changes to Key ISDS Provisions The Commission’s quantitative assessment of the ISDS provisions sought to identify how the changes in ISDS provisions could affect the U.S. economy as
Simon Lester 18 Apr 2019 7 min read

Highlights of the ITC Report on the USMCA's "Likely Impact on the U.S. Economy and on Specific Industry Sectors"

Here's the headline number from today's ITC report on the impact of USMCA: The Commission’s model estimates that USMCA would raise U.S. real GDP by $68.2 billion (0.35 percent) and U.S. employment by 176,000 jobs (0.12 percent). The model
Simon Lester 18 Apr 2019 4 min read

Peremptory Challenges during Panelist Composition in NAFTA 2.0

This is from the dispute settlement chapter of USMCA (Inu pointed it out to me): Article 31.9: Panel Composition ... 3. A panelist shall normally be selected from the roster. A disputing Party may exercise a peremptory challenge against an individual not on the roster who is proposed as a
Simon Lester 18 Apr 2019 1 min read

Can Special and Differential Treatment Reduce Poverty?

In January, the Trump Administration attacked the use of special and differential treatment (SDT), by virtue of developing country status, by China, India, Brazil, and a number of other countries (not to mention Singapore, South Korea, and Israel).  The argument, focusing on China, is that China is the world’s
Trachtman 18 Apr 2019 2 min read

In USMCA Ratification Fight, It's Much Ado about Labor

Congressional Democrats are starting to flex their muscles against President Trump’s trade policy. As ratification of the U.S.-Mexico-Canada Agreement (USMCA) hangs in the balance, House Speaker Nancy Pelosi and other prominent Democrats have called on U.S. Trade Representative Robert Lighthizer to strengthen enforcement of the pact.
Inu Manak 17 Apr 2019 6 min read

Three Scenarios for the Future of the WTO Appellate Body, or: Why WTO Members Should Start Negotiating a DSU 2.0

A fundamental uncertainty bedevils attempts to unblock the appointment process of WTO Appellate Members: is the US holding up Appellate Body appointments in order to generate enough leverage for a negotiated reform of WTO dispute settlement? Or does the US seek to abolish the Appellate Body (in effect if not
Nicolas Lamp 15 Apr 2019 5 min read

Business Reactions to Trade Wars

There is a Chinese saying that “when there is a policy from the above, there is a reaction from the below” (“上有政策, 下有对策”). This is exactly what has happened since the inception of trade wars.  Both domestic and international businesses have attempted to avoid the punitive tariffs through various means,
Sungjoon Cho 14 Apr 2019 1 min read

Shaffer and Gao on China's Marshall Plan

Greg Shaffer and Henry Gao have a new paper called "A New Chinese Economic Law Order?" Here is the abstract: China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understandings, contracts, and trade and
Simon Lester 14 Apr 2019 3 min read

Celebrating 30 years of TPRM but noting it could be much better

It is great to see the WTO’s news item on 12 April celebrating the 30th anniversary of the Trade Policy Review Mechanism (see https://www.wto.org/english/news_e/news19_e/tpr_12apr19_e.htm   and https://www.wto.org/english/tratop_e/tpr_e/tprm30_e.htm
Brett Williams 13 Apr 2019 1 min read

Book Release: Building Legal Capacity for a More Inclusive Globalization

This is from the Center for Trade and Economic Integration (CTEI) at the Graduate Institute in Geneva: The Center for Trade and Economic Integration (CTEI) at the Graduate Institute in Geneva announces the release of a new edited book by Joost Pauwelyn and Mengyi Wang, entitled "Building Legal Capacity
Inu Manak 13 Apr 2019 2 min read

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International Economic Law and Policy Blog

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Featured

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 4 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

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