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NAFTA and Reciprocity

The 6th round of the NAFTA talks wrapped up today, and my impression of the closing statements was that everyone was relatively positive, much more so than after the 4th round anyway. I wanted to highlight one thing from Ambassador Lighthizer's statement: Free trade agreements are essentially grants
Simon Lester 29 Jan 2018 2 min read

NAFTA ISDS is Complicated

This is from The Canadian Press: Canada and Mexico are applying pressure on the United States to decide whether it wants to be part of NAFTA’s investor-state dispute mechanism, threatening to sideline it unless it commits to participating fully. Multiple sources say the conversation came to a head
Simon Lester 28 Jan 2018 3 min read

Trump Should Give TPP (or CPTPP) A Try-And the TPP Partners Should Stop the Bus to Let Him Get On

Davos has been depressing, a journalist friend emailed me the other day.  And indeed the spectacle of the neoliberal elites congratulating themselves on still ruling the world is a downer. But my ears perked up when President Trump, speaking from Davos, suggested that he might be open to participating in
Rob Howse 26 Jan 2018 2 min read

Who Is the Least Protectionist Country in the World?

This is from Inside US Trade: [Commerce Secretary Wilbur] Ross objected to the “protectionist” label that critics of the Trump administration have attached to U.S. trade actions and rebutted the idea that China could pick up the mantle and be a leader on free trade policy. “The Chinese have
Simon Lester 24 Jan 2018 1 min read

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

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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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Featured

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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