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Some Questions for Howard Lutnick

Howard Lutnick is Trump's nominee for Secretary of Commerce, and he will have a Senate nomination hearing on January 29. In anticipation of the hearing, I came up with some questions for Lutnick. Any Senators participating in the hearing are welcome to adopt these questions, or a variation
Simon Lester 27 Jan 2025 2 min read

Katherine Tai on "Discrimination" against U.S. Companies and National Security Capture

Katherine Tai is no longer the U.S. Trade Representative, but I missed this podcast interview that took place while she was still in office, so I'm going to submit this blog post about her trade policy views a few days late. I only have two brief comments,
Simon Lester 26 Jan 2025 4 min read

Would the U.S. Join a Version of the MPIA?

I have a new piece for the Japan Economic Foundation that asks "Would the United States Join the MPIA?" This is from the conclusion: The Appellate Body appointments crisis has dragged on for years now. The MPIA represents a solution for any WTO member that wants to ensure
Simon Lester 26 Jan 2025 3 min read

Trump's Trade Policy, Day 1: Just a Memo

There was a great deal of anticipation about what tariffs Trump might impose on his first day in office, but ultimately we just got a memo. (In response to a question from a reporter, Trump did say "We're thinking in terms of 25 percent [tariffs] on Mexico
Simon Lester 20 Jan 2025 8 min read

The Optimal Tariff Argument at the Scott Bessent Hearing

At his confirmation hearing last week, Treasury Secretary-nominee Scott Bessent mentioned "optimal tariff theory," which is something that always triggers me (although as I'll say later, I'm not sure he meant what he seemed to): Senator Ron Wyden: On the tariffs, Donald Trump, with
Simon Lester 19 Jan 2025 5 min read

USTR's Model Negotiating Texts: Non-Market Practices and More

Last week, USTR released what it referred to as "Model Negotiating Texts" on a number of issues: * Competition Model Text * Inclusive Economy Chapter Model Text * Non-Market Policies and Practices (NMPPs) Model Text * Public Enterprise Model Text * Standards Model Text There's a lot to take in here,
Simon Lester 17 Jan 2025 4 min read

The Latest on Appeal/Review in WTO DS Reform

I've been posting about official WTO documents related to appeal/review in dispute settlement reform. The latest one, from the heads of delegation meeting on November 21, is now available. There were no exciting new revelations, but just for the sake of completeness, I'm providing excerpts
Simon Lester 17 Jan 2025 2 min read

Unfinished Business: Bringing China Into the Club of Market-Oriented Countries

Given where U.S. trade policy is at the moment, this doesn't seem like the best time for my latest piece, which is called "Unfinished Business: Bringing China Into the Club of Market-Oriented Countries." But sometimes all you can do is lay the groundwork for the
Simon Lester 16 Jan 2025 2 min read

Katherine Tai on "The Real Purpose of Trade Policy"

As we close in on the end of the Biden administration, I may have fewer opportunities to react to Katherine Tai's thoughts on trade policy. My Katherine Tai tag now has over 60 entries. I've enjoyed writing them, and I hope she has enjoyed -- or
Simon Lester 13 Jan 2025 7 min read

Call for Papers: Journal of World Investment & Trade

This is a call for papers from early career scholars in international trade and investment law from the Journal of World Investment & Trade: Submit your abstract, and if selected, you will be invited to participate in an exclusive workshop where you will receive invaluable advice and guidance from leading
Simon Lester 13 Jan 2025 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 Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and AntitrustĀ held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part I

Thanks to Simon for kickstarting a debate on the prospect of bringing economic security provisions into trade agreements, and for allowing me to respond here.
26 Nov 2025 4 min read

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