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Is This The New US Approach to FTAs?

From the White House: Joint Statement of the United States and Japan 1.  On the occasion of our Summit Meeting in New York on September 26, 2018, we, President Donald J. Trump and Prime Minister Shinzo Abe, affirmed the importance of a strong, stable, and mutually beneficial trade and economic
Simon Lester 26 Sep 2018 2 min read

Appointment of Panelists under the Modernised EU-Mexico Trade Agreement

This is from the dispute settlement chapter of the Modernisation of the Trade part of the EU-Mexico Global Agreement: Article X.5 Composition of a Panel 1. A panel shall be composed of three panellists.     2. Within [X] days from the date of receipt of the written request for the
Simon Lester 26 Sep 2018 3 min read

What Is the Value of the Section 232 Auto Tariff Carveout?

In a side letter to the U.S.-Mexico agreement that is part of the NAFTA renegotiation, it appears that the U.S. has agreed that if it imposes tariffs on auto imports pursuant to Section 232, a certain amount of Mexican auto imports will be exempt. (You could also
Simon Lester 21 Sep 2018 2 min read

Guest Post: Public Order Clause, Systemic Assault on the Rule of Law and Investment Arbitration: Revenge of the Sith

This is a guest post from Marcin Menkes, Assistant Professor in the Department of Business Law at Warsaw School of Economics: “So this is how liberty dies ... with thunderous applause.” ―Padmé Amidala A long time ago, in a hemisphere far, far away … War! The multilateral order and the democratic Rule
Simon Lester 16 Sep 2018 13 min read

Could There Be a U.S.-Mexico Trade Agreement AND a NAFTA?

Mexican trade negotiator Kenneth Smith Ramos tweeted this: #Mexico stated from the beginning of the negotiation that the ideal scenario is for #NAFTA to remain trilateral. We hope the US and Canada will conclude their bilateral #negotiation shortly. If that is not possible we are ready to advance bilaterally with
Simon Lester 13 Sep 2018 1 min read

Will the NAFTA ISDS Changes Deliver any Votes?

This is from Inside US Trade: Public Citizen Global Trade Watch Director Lori Wallach told reporters during that call that while she thinks “public citizens” would prefer no ISDS language in the North American Free Trade Agreement at all, the U.S.-Mexico deal “can be widely supported, especially after
Simon Lester 13 Sep 2018 1 min read

"Restoring Trust in Trade" colloquium at the Law Faculty of Maastricht University, December 17, 2018

This is from the Law Faculty of Maastricht University: The Law Faculty of Maastricht University will be hosting a colloquium on 17 December 2018, focusing on a key challenge facing the international trading system, namely the rapidly eroding trust in trade liberalisation and economic integration, as embodied in the rules
Inu Manak 13 Sep 2018 1 min read

Guest Post: From Roosevelt to Reagan to Trump: the Decay of US Internationalism

This is a guest post from Petros Mavroidis: This time it is different. It is difficult to say how serious it is, but it is different. President Trump’s trade policy is a decisive turn towards unilateralism followed by bilateral deals.  This combination is a blow to the multilateral edifice
Simon Lester 12 Sep 2018 3 min read

Rebalancing after National Security Measures

As we have talked about on this blog, the Safeguards Agreement provides for compensation/suspension where safeguards measures are used. Here is Article 8.1: A Member proposing to apply a safeguard measure or seeking an extension of a safeguard measure shall endeavour to maintain a substantially equivalent level of
Simon Lester 09 Sep 2018 3 min read

Will the NAFTA Chapter 11 Compromise Appeal to Any ISDS Critics?

This is from Janyce McGregor of the CBC: The preliminary trade agreement the U.S. recently reached with Mexico may offer a glimpse of what could happen with NAFTA's Chapter 11. A U.S. official said the two countries wanted ISDS to be "limited" to cases
Simon Lester 09 Sep 2018 1 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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