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Bilateral ISDS in NAFTA?

This is from the Toronto Star: Canada has made a bold offer to accept a controversial U.S. demand at the NAFTA talks about how to resolve commercial trade disputes, the Star has learned. It involves the current binding trade dispute settlement process used to resolve lawsuits by investor companies
Simon Lester 24 Jan 2018 1 min read

February 16 Deadline for the 2017-2018 SIEL/JIEL/OUP Essay Prize

This is from the SIEL, JIEL & OUP: The deadline for entering the 2017-2018 SIEL/JIEL/OUP Essay Prize competition is fast approaching, and authors meeting the stated conditions are warmly encouraged to send their submission by 16 FEBRUARY 2018. For further details: http://www.sielnet.org/essayprize
Inu Manak 20 Jan 2018 1 min read

What does the US want from China?

I guess this 365 billion dollar question has been lingering in everyone's mind since Trump took office a year ago. Now the USTR finally made it clear in its  2017 Report to Congress on China’s WTO Compliance, which it launched to great fanfare yesterday: "In November
Henry Gao 20 Jan 2018 1 min read

A U.S.-China "Investment Reciprocity Regime"?

This is from Jenny Leonard of Inside US Trade: The White House is considering the creation of a reciprocal investment regime with China following a Section 301 investigation into Chinese technology and intellectual property policies, but some in the administration fear it would lead to stock market losses and negatively
Simon Lester 17 Jan 2018 2 min read

Rationality, Necessity, Proportionality, and Non-Discrimination

I enjoyed this recent JIEL article by Emily Lydgate, called "Is it Rational and Consistent? The Wto’s Surprising Role in Shaping Domestic Public Policy." Here is the abstract: What makes regulation rational? And why is rationality important to an international tribunal? In the World Trade Organization (WTO)
Simon Lester 16 Jan 2018 3 min read

The ITC Tie Vote Provision

Here's a comment we wrote in our Dispute Settlement Commentary for the DS491 panel report right at the end of last year: U.S. ITC Tie Vote under WTO Law Normally, there are six commissioners who serve on the U.S. International Trade Commission at a given time.
Simon Lester 11 Jan 2018 3 min read

All WTO disputes lead to China

Yesterday, Canada launched the first WTO dispute of the year to mark the start of the auspicious year of 2018. The respondent in the dispute - the US - was apparently not very amused and called the request for consultations "a broad and ill-advised attack on the U.S.
Henry Gao 11 Jan 2018 1 min read

Ken Vandevelde on Regulatory Autonomy and Investment Treaties

Ken Vandevelde is one of the preeminent scholars on investment treaties. He has a new short paper entitled "IIA provisions, properly interpreted, are fully consistent with a robust regulatory state" here.  In the paper, he makes a couple points that I want to address. First, he talks about
Simon Lester 09 Jan 2018 4 min read

How Does Iceland Choose Investment Treaty Partners?

After a recent trip to Iceland -- great scenery and delicious food! -- I wanted to learn more about the country, so naturally I looked up Iceland's most recent WTO Trade Policy Review and skimmed through the Secretariat report.* I was intrigued by this sentence: 2.39. Iceland&
Simon Lester 08 Jan 2018 1 min read

The ITC's Treatment of Unforeseen Developments in the Photovoltaic Cells Case

I'm puzzling over certain aspects of the consideration of "unforeseen developments" in the Photovoltaic Cells Section 201 case. Here's a brief rundown of the issue. On November 13, 2017, the ITC sent to the President its report in the case. I had been wondering
Simon Lester 05 Jan 2018 5 min read

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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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