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The Resiliency of the WTO Dispute Settlement Mechanism (Or Not)

Many worry that the current United States–China trade wars, and negotiations therefrom, might undermine the WTO dispute settlement mechanism (DSM).  Curiously, however, both the United States and China have not completely bypassed the WTO DSU.  In fact, both countries have invoked the WTO DSM in tandem with their unilateral/
Sungjoon Cho 10 Jan 2019 1 min read

Country-Specific Withdrawal from a Plurilateral Trade Agreement

The McClatchy news service reports the following: Now that the Trump administration has revamped the North American Free Trade Agreement, it is taking a look at kicking key countries out of its sister pact, the Central American Free Trade Agreement. Trump officials are taking a very close look at the
Simon Lester 10 Jan 2019 2 min read

RIP ITR

R.I.P. BNA's International Trade Reporter Steve Charnovitz For as long as I can remember, the best source for current international trade news as well as archival trade news, was the International Trade Reporter published by BNA, once known as the Bureau of National Affairs.  At the
Charnovitz 04 Jan 2019 1 min read

Call for papers: Polish Yearbook of International Law 38/2018

From the Polish Yearbook of International Law (PYIL): Polish Yearbook of International Law (PYIL) is currently seeking articles for its next volume (XXXVIII), which will be published in July-August 2019. Authors are invited to submit complete unpublished papers in areas connected with public and private international law, including European law.
Simon Lester 04 Jan 2019 1 min read

An Apple Thrown at the Golden Pig

The Year of the Golden Pig has begun with the ostensible reckoning of the U.S. – China trade wars.  Apple shocked its investors by releasing a gloomy sales forecast in China.  Apple’s CEO, Tim Cook, said that “while we anticipated some challenges in key emerging markets, we did not
Sungjoon Cho 03 Jan 2019 1 min read

USTR's US-Japan Trade Negotiating Objectives

USTR has released its negotiating objectives for the US-Japan Trade Agreement (USJTA) negotiations. Here are a few thoughts. First, the Trump administration seems determined to come up with names for their trade agreements that are hard to remember and not at all catchy. USMCA and USJTA? They don't
Simon Lester 01 Jan 2019 3 min read

Guest Post: Trade Facilitation in USMCA: De Minimis Importation

This is a guest post from Bashar H. Malkawi, Dean and Professor of Law, College of Law, University of Sharjah Free trade agreements (FTAs) use several rules of origin (ROO) - such as change in tariff category, value-added, and certain process requirements - to determine origin. ROO should have four
Simon Lester 01 Jan 2019 2 min read

CIT Hearing on the Constitutionality of Section 232

Last Wednesday, the U.S. Court of International Trade held a hearing on the constitutional challenge to Section 232 (background on the complaint is here). The full transcript is here. There were lots of interesting exchanges. Here are a few snippets: HON. GARY S. KATZMANN: Can I -- Mr. Morrison,
Simon Lester 22 Dec 2018 8 min read

Confidentiality and Transparency in the WTO's Party-Centric Dispute Settlement System

This is a new paper from Graham Cook of the WTO: For those interested here is a new paper called "Confidentiality and Transparency in the WTO's Party-Centric Dispute Settlement System". The abstract: In the context of WTO dispute settlement proceedings, many of the decisions made by
Simon Lester 21 Dec 2018 1 min read

Guest Post: Using GATT Security Exception for Brexit-Irish Border Issue: Is it Sensible or Fantasy?

This is a guest post from Bashar H. Malkawi, Dean and Professor of Law, College of Law, University of Sharjah A key part of Brexit negotiations was about the border that separates Northern Ireland and the Republic of Ireland. The UK and Ireland are currently part of the EU single
Simon Lester 21 Dec 2018 4 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 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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