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The EU General Data Protection Regulation

The GDPR is coming into force soon and I'm trying to sort out the consequences in general and for this blog in particular. With regard to this blog, over 2,000 people have signed up for email notifications, and presumably some of those people are from an EU
Simon Lester 24 May 2018 1 min read

EU – PET (Pakistan): The Appellate Body confirms the validity of the traditional "break the causal link" approach

In a previous post, I indicated that Pakistan lodged an appeal  regarding the "break the causal link" approach adopted by the European Commission in  EU – PET (Pakistan).   In this case, the EU Commission began, as usual, its causation analysis by considering first  that a causal link existed between
Marc Benitah 24 May 2018 1 min read

Is Trump Backing Off China?

This is from an article in the Washington Post: Even before the overnight developments, Trump supporters — and those cheerleading his get-tough approach to trade with China — began reckoning with the likelihood that the president is abandoning the cause. Trump all but confirmed he’s backing away from a showdown with
Simon Lester 23 May 2018 1 min read

The Future of the Airbus-Boeing Dispute

This is from Bloomberg: Airbus SE is ready to tell the World Trade Organization that the threat posed to Boeing Co. by its most ambitious program ever, the double-decker A380 jetliner, is so marginal that any U.S.-led sanctions against the European Union over illegal aid should be minimal.
Simon Lester 23 May 2018 2 min read

Will the U.S. - Gambling Dispute Return?

Many people seemed to enjoy the U.S. - Gambling WTO dispute back in its heyday. Is it possible a recent U.S. Supreme Court ruling could revive it? This is from Law360: The U.S. Supreme Court's landmark decision giving states a green light to legalize sports
Simon Lester 18 May 2018 2 min read

G2 Conference on Resolving Disputes in International Economic Law

From the IIEL and the Graduate Institute: July 11, 2018 ◊ Georgetown Law, Washington, DC Download the Summer 2018 G2 Program RSVP Now Join Georgetown’s Institute of International Economic Law and the Graduate Institute, Geneva’s Center for Trade and Economic Integration for a conference on resolving disputes in international
Simon Lester 18 May 2018 1 min read

DSU Article 11 and the Reasoning of Panels

This is from a separate opinion by an Appellate Body Member in yesterday's EU - PET (Pakistan) report: 5.57. As I see it, the Panel's ruling on whether it needed to continue to make findings with respect to the claims challenging the expired measure at
Simon Lester 17 May 2018 4 min read

Negotiating With Different Tariff Levels

Here is something from a speech by Commerce Secretary Wilbur Ross: We are now constrained by two sides of a WTO pincer. One is the most-favored nation clause, or MFN. This rule says that we must apply the same tariff to every nation with which we do not have a
Simon Lester 14 May 2018 1 min read

VERs, the Safeguards Agreement, and GATT Article XXI

The Section 232 steel/aluminum tariffs are in place for some countries but not all, as exemptions are under negotiation.  A few countries are still talking with the Trump administration about this, but others (Argentina, Brazil, South Korea, and possibly Australia but I'm not sure) have gotten out
Simon Lester 13 May 2018 2 min read

Is there such a thing as obiter dictum in the WTO DSM?

Yesterday's General Council meeting was quite entertaining, to say the least, with "hatchets", "rabbits" & "dogs" flying in the air when the US and China engaged in several rounds of heated exchange. While China blamed the US for wrecking "the crown
Henry Gao 09 May 2018 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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