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NAFTA Chapter 19 Data

A couple of my Cato colleagues and I are working on some data on NAFTA Chapter 19 disputes, but it has been slow going. In the meantime, a trade lawyer who prefers to remain anonymous put together some data and sent it to me. Taking into account NAFTA Chapter 19
Simon Lester 05 Nov 2017 1 min read

Symposium: Nationalism, Regionalism & Globalism: The Future of Economic Integration

I'll be at a trade law conference at Brooklyn Law School on Friday (along with a few others from this blog). Here are the details: On November 10, 2017, the Dennis J. Block Center for the Study of International Business Law at Brooklyn Law School will host a
Simon Lester 05 Nov 2017 2 min read

New ICC Book: Business Guide to Trade and Investment

From the esteemed Arthur Appleton / Patrick Macrory trade law book editing partnership, here is a new book published by the ICC: Volume 1 - International Trade Arthur E. Appleton and Patrick F.J. Macrory his first volume on International Trade edited by Arthur Appleton and Patrick Macrory, is a most
Simon Lester 05 Nov 2017 1 min read

How to Save WTO Dispute Settlement from the Trump Administration

How to Save WTO Dispute Settlement from the Trump Administration Steve Charnovitz The Trump Administration is trying to torpedo the World Trade Organization (WTO) dispute settlement system.  According to the November 2, 2017 Wall Street Journal article "Has China Swallowed the WTO" by Jacob M. Schlesinger, "The
Charnovitz 03 Nov 2017 4 min read

Last Week's Tuna II WTO Panel Report:Happy Ending to a Hair-raising Adventure on the High Seas

Last week the second 21.5 compliance panel report was released in the long-running Tuna/Dolphin, or Tuna II, dispute between Mexico and the United States. Finally after two rounds of the US tweaking of the measure, the WTO panel gave the voluntary labeling scheme for Dolphin-Safe tuna a clean
Rob Howse 02 Nov 2017 7 min read

Periodic Review of Trade Agreements

The Trump administration has caused a lot of controversy by proposing a "sunset clause" for the NAFTA, under which the agreement would expire automatically after five years unless the parties agree to renew it. That proposal has come under a lot of criticism, and personally I think it
Simon Lester 31 Oct 2017 2 min read

U.S. Proposal on WTO Notifications

The U.S. has a new proposal to crack down on WTO Members who do not provide notifications on time: 4. It is broadly recognized that compliance with the notification requirements of the various WTO Agreements is inadequate. For example, the most recent report by the WTO Secretariat for the
Simon Lester 31 Oct 2017 2 min read

More GATT Negotiating History

Here's one more post on the original GATT negotiations from Roy Santana of the WTO: _______________________________ GATT 1947 and the grueling task of signing [something…]  The negotiations of the General Agreement on Tariffs and Trade were formally concluded on 30 October 1947. To mark the occasion U.N. press
Simon Lester 24 Oct 2017 10 min read

Clarifying AD Agreement Article 17.6(ii)

The United States has expressed concerns about various Appellate Body interpretations of WTO obligations, in particular relating to trade remedies, but as far as I know it has not offered any specific proposals to address the flaws it sees in the Appellate Body's approach to treaty interpretation in
Simon Lester 22 Oct 2017 3 min read

Reforming International Investment Law: Opportunities, Challenges, Paradigms

Here's some info on a conference on international investment law to be held at Boston College Law School on October 25: The law school is hosting an international conference on the ferment surrounding international investment law and how this crisis can be an opportunity to reform the system
Simon Lester 22 Oct 2017 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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