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Guest Post: What’s our goal for Buenos Aires: Help the US or hurt China?

This is a guest post from law professor David Trubek: With a meeting between Presidents Trump and Xi at the G-20 in Buenos Aires about to occur, many hope for a truce in the trade war and a deal that will benefit both countries. But that will not happen if
Simon Lester 29 Nov 2018 3 min read

Guest Post: Brexit. Maybe not such bad news for intra-EU investment awards after Achmea?

This is a guest post from Szilárd Gáspár Szilágyi, Postdoctoral Fellow, PluriCourts, University of Oslo On 29 March 2019, 11 pm, the UK will officially leave the European Union, unless by some miracle it decides to withdraw its notification to exit the Union. Everyone is anxiously awaiting the outcome of
Simon Lester 28 Nov 2018 5 min read

Geoeconomics: The Variable Relationship Between Economics and Security

This is more from Anthea Roberts, Henrique Choer Moraes, Victor Ferguson on geoeconomics at the Lawfare blog: There has been much consternation (particularly in the United States) about China’s use of geoeconomic strategies, meaning the “use of economic instruments to promote and defend national interests, and to produce beneficial
Simon Lester 27 Nov 2018 1 min read

Do Anti-Dumping Measures Address Market Distortions?

This is from the latest WTO monitoring report on G20 trade measures: Regarding trade remedy actions, it has been highlighted in discussions among G20 economies, as well as more broadly in the WTO, that some of these measures are taken to address what is perceived by some as a market
Simon Lester 25 Nov 2018 1 min read

Some Questions About "Gap-Filling"

In its statement at the November 21 DSB meeting, the U.S. responds as follows to China's argument that it should be able to "include persons other than government officials" in consultations under the DSU: 24. RIGHT OF A MEMBER TO DECIDE THE COMPOSITION OF ITS
Simon Lester 25 Nov 2018 2 min read

Guest Post: The U.S. and China Rivalry: Geo-Political Context of Free Trade Agreements

This is a guest post from Bashar H. Malkawi (Dean and Professor of Law, University of Sharjah) International trade constitutes a vital lynchpin of the global governance architecture with a staggering $20 Trillion of annual trade. The global trade order consists of trade policies and systems – in particular free trade
Simon Lester 21 Nov 2018 4 min read

The Geoeconomic World Order

Here is the opening of a new blog post from Anthea Roberts, Henrique Choer Moraes, and Victor Ferguson over on Lawfare: We appear to be entering into a new geoeconomic world order, characterized by great power rivalry between the United States and China and the clear use of economic tools
Simon Lester 19 Nov 2018 1 min read

GATT Article XX and non-GATT WTO Agreements

Last week's Thailand - Cigarettes (Philippines), Article 21.5 panel report considered the issue of whether GATT Article XX can provide a defense to claims under the Customs Valuation Agreement: 7.732. Thailand argues that, insofar as the Charges are inconsistent with the provisions of the CVA, such
Simon Lester 19 Nov 2018 7 min read

More WTO Complaints Against China, Including an "Adverse Effects" Nullification or Impairment Claim

Along with Jim Bacchus and Huan Zhu, I have a new Cato paper out today on using the WTO to make China more market-oriented. Some of the main points are: -- China's economic ambition is good. The world is better off with a wealthier China. -- However, China
Simon Lester 15 Nov 2018 7 min read

More on How to Determine Whether a Measure is a Safeguard Measure

In the India - Iron and Steel Products panel report circulated last Wednesday, the panel explained that it would consider the question of whether the measure at issue is a safeguard measure: 7.30. In this dispute, most of the claims have been raised by Japan under Article XIX of
Simon Lester 11 Nov 2018 3 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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