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What If National Security Tariffs Spread To Other Countries?

This is a question from an Inside US Trade reporter to U.S. Trade Representative Robert Lighthizer: Q Yeah. Thank you, Ambassador. My name is Anshu, with Inside U.S. Trade. ... And then in a broader sense, on the use of 232, the President sort of said that he made
Simon Lester 06 Oct 2018 1 min read

Call for Papers from the ANZSIL International Economic Law Interest Group

This is from the ANZSIL International Economic Law Interest Group: CALL FOR PAPERS FOR AND INVITATION TO 2019 WORKSHOP Background The ANZSIL International Economic Law Interest Group (IELIG) was established in 2011 to provide a forum for those interested in international economic law, especially international regulation of trade, investment, intellectual
Simon Lester 06 Oct 2018 1 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Trucking Services

Back in 2001, a NAFTA Chapter 20 panel ruled that certain U.S. restrictions on Mexican trucking services violated U.S. commitments under the NAFTA. Implementation of this ruling by the U.S. has seen some stops and starts. The new NAFTA clarifies and limits the U.S. obligation: Notwithstanding
Simon Lester 04 Oct 2018 2 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Withdrawing from the New NAFTA

The original NAFTA withdrawal provision, Article 2205, said this: A Party may withdraw from this Agreement six months after it provides written notice of withdrawal to the other Parties. If a Party withdraws, the Agreement shall remain in force for the remaining Parties. The new NAFTA withdrawal provision, Article 34.
Simon Lester 03 Oct 2018 1 min read

Guest Post: The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Labor

This is a guest post from law prof Kathleen Claussen: The USTR fact sheet released in late August previewed that the USMCA labor provisions would be the “strongest of any trade agreement.”  To evaluate this statement, rather than look at the agreements in force or the status quo on the
Simon Lester 02 Oct 2018 3 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Non-Violation Claims

As part of a quest to find the most obscure aspect of the new NAFTA, I point you to the scope of non-violation claims. This is from the new NAFTA: Article 31.2: Scope 1. Unless otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply:
Simon Lester 02 Oct 2018 2 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Limits on FTAs with NMEs

Article 32.10 of the new NAFTA says: Article 32.10: Non-Market Country FTA 1. At least 3 months prior to commencing negotiations, a Party shall inform the other Parties of its intention to commence free trade agreement negotiations with a non-market country. For purposes of this Article, a non-market
Simon Lester 02 Oct 2018 2 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: State-State Dispute Settlement

Inu and I had a recent article in which we explained how NAFTA Chapter 20 state-state dispute settlement hasn't been working because of problems with appointing panelists (in large part because the roster of panelists was not filled). It doesn't look like this article made much
Simon Lester 01 Oct 2018 1 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: Investment Protection/ISDS

As has been expected, in the new NAFTA deal, the Trump administration has significantly scaled back the investment protection/ISDS provisions, which are now found in Chapter 14. One way to think about what happened is that there is no more general recourse to ISDS, but there are three ways
Simon Lester 01 Oct 2018 2 min read

The U.S.-Mexico-Canada (AKA the New NAFTA) Trade Deal: The Sunset Clause

The text of what is being called the United States-Mexico-Canada Agreement (USMCA) has been released. It would be much easier to call this agreement NAFTA, rather than some unwieldy new name that someone thought was preferable for public relations purposes. We'll see what practice develops here. I will
Simon Lester 01 Oct 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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