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Lighthizer's Trade Optimism

Jenny Leonard of Inside US Trade reports the following statements by U.S. Trade Representative Robert Lighthizer after the NAFTA press conference earlier this week: U.S. Trade Representative Robert Lighthizer on Tuesday said he was seeking to shake up the congressional voting landscape for free trade deals, suggesting a
Simon Lester 20 Oct 2017 3 min read

Submissions for the new SIEL/Hart Prize in International Economic Law

From the SIEL and Hart Publishing: Submissions for the new SIEL/Hart Prize in International Economic Law are now open! ABOUT THE PRIZE The SIEL/Hart Prize is a brand new prize awarded every two years to an outstanding unpublished manuscript by an early career scholar in the field of
Simon Lester 20 Oct 2017 1 min read

With Blinders On? How International Law Casebooks Teach Students in the United States

First published on Just Security. The United States disagrees with many countries, including key allies, on important questions of international law, including the geographical scope of armed conflict, the extraterritorial application of human rights, and the existence and scope of a right to preemptive self-defense. Underlying these particular disagreements is
Anthea Roberts 19 Oct 2017 8 min read

SPS Agreement vs. GATT

This is from the Indonesia - Chicken WTO panel report, circulated yesterday: Fn. 318. We note that Indonesia's defence under Article XX(b) raises a food safety issue. We observe that the SPS Agreement, according to its Preamble, "elaborates rules for the application of the provisions of
Simon Lester 18 Oct 2017 1 min read

Some GATT Negotiating History

Here are two posts on the original GATT negotiations, from Roy Santana of the WTO: CLASH OF THE GATT NEGOTIATORS September 1947: Following months of good progress in Geneva, GATT negotiators had entered a delicate phase where the most difficult issues had to be tackled, chief amongst which was the
Simon Lester 18 Oct 2017 8 min read

NAFTA Round 4: Time to Panic, or Time to Relax a Bit?

After NAFTA Round 4 wrapped up today, there were some strong words at the press conference. I can't find the full transcript of her remarks, but here is a news report on what Canadian Foreign Minister Chrystia Freeland had to say: Freeland said the "unconventional" demands
Simon Lester 17 Oct 2017 2 min read

Announcing a new paper on International Expositions Law

I would like to announce the availability of my new research paper on international expositions law. The title of this paper is Steve Charnovitz, "Why the International Exhibitions Bureau Should Choose Minneapolis for Global Expo 2023."  The Bureau of International Expositions (BIE) will be making this important decision
Charnovitz 16 Oct 2017 1 min read

Competing U.S. NAFTA Proposals

Here's a U.S. proposal, in the NAFTA renegotiation, to open Canada's dairy market a bit: The proposal came as the U.S. made its first significant move on dairy, a traditional sticking point with Canada. Several insiders said Friday the U.S. has asked Canada
Simon Lester 15 Oct 2017 1 min read

It's All About Sanctions:Why Trump's Decertification Won't Sink the Iran Deal-If Others Act Responsibly

There has been much handwringing in recent days about the imminent likelihood that President Trump will "decertify" the Iran deal.  But little of the media coverage has focused on the exact meaning and legal and political consequences of "decertification."  Often "decertification" is associated with
Rob Howse 11 Oct 2017 5 min read

What To Do With "Fair and Equitable Treatment" Provisions?

Politico has this report today: U.S. ISDS PROPOSAL WOULD CUT TWO KEY PROTECTIONS: Expect USTR to put at least one of those “poison pills” forward at talks this week. The final U.S. proposal on investor-state dispute settlement comes not only with an “opt-in” provisions that effectively makes the
Simon Lester 10 Oct 2017 3 min read

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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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