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The Doha Problem

The WTO has just published the request by Qatar for consultations with the United Arab Emirates, Bahrain and Saudi Arabia concerning their trade restrictions. I quickly skimmed through the requests and found a few interesting points: 1. This is the second time a WTO Member has made consultation requests simultaneously
Henry Gao 05 Aug 2017 2 min read

How Trump Thinks/Talks About Trade

The Washington Post has a transcript of President Trump's January 27 phone call with Mexican President Enrique Peña Nieto. Here are some excerpts related to trade: Trump: ... I consider you a friend and I consider Luis, the person working with you, a very smart man. To be very
Simon Lester 03 Aug 2017 8 min read

Senate Democrats Prepare a Trade War Beyond Trump's Wildest Fantasies

Yesterday, led by Charles Schumer of New York, a group of Senate Democrats unveiled a protectionist trade platform that, as the New York Times put it, "seek[s] to outdo Trump on trade." The platform includes taking unilateral action against our trading partners "independent from...WTO constraints&
Rob Howse 03 Aug 2017 5 min read

Three Viewpoints on China's Non-Market Economy Status

Law student Ritwik Bhattacharya sends along an interesting short paper on China's non-market economy status, entitled "Three Viewpoints on China's Non-Market Economy Status."  Here's the abstract: On December 15, 2016, China requested consultations with the United States and the European Union, regarding
Simon Lester 01 Aug 2017 1 min read

Two Points about a Wilbur Ross Op-Ed

Secretary of Commerce Wilbur Ross has a new op-ed in the WSJ.  One thing he does in the op-ed is include a chart of average applied tariffs for the U.S., EU and China, after which he says this: As the nearby chart shows, China’s tariffs are higher than
Simon Lester 01 Aug 2017 2 min read

A Possible Approach to Transitional Double Hatting in Investor-State Arbitration

In a recent ESIL Reflection, Malcolm Langford, Daniel Behn and Runar Hilleren Lie examine “The Ethics and Empirics of Double Hatting” in investor-state arbitration. (For the full article, see the Journal of International Economic Law). They found that a total of 47% of the cases they studied involved at least
Anthea Roberts 31 Jul 2017 3 min read

Another Point for the NAFTA Chapter 19 Debate

At the risk of overdoing it with NAFTA Chapter 19 here on this blog, another question just occurred to me. The bi-national panel system for reviewing domestic AD/CVD decisions started in the Canada - U.S. FTA, and was then brought into NAFTA.  But it has never been used
Simon Lester 27 Jul 2017 1 min read

Call for Papers: Thinking a Global Trade Governance for the 21st Century

From the Institute for International Law and Justice, NYU School of Law: The IILJ is co-organizing a conference in Buenos Aires, on 12 December 2017 on: “Thinking a Global Trade Governance for the 21st Century: Challenges and Opportunities on the Eve of the WTO´s 11th Ministerial Conference.” Abstracts and
Inu Manak 26 Jul 2017 1 min read

Section 232 Steel Duties Delayed?

This is from the WSJ: President Donald Trump said his administration would take its time in making a long-awaited decision on whether to block steel imports, saying “we don’t want to do it at this moment.” Mr. Trump and his Commerce Secretary, Wilbur Ross, had earlier this year said
Simon Lester 25 Jul 2017 1 min read

A Mexican Perspective on NAFTA Chapter 19

This is from blog reader and occasional commenter Adrián Vázquez Benítez, a Mexican trade lawyer: AFTER CHAPTER 19 NAFTA ELIMINATION: WHO WILL DEFEND US? USTR recently announced its objectives regarding the renegotiation of NAFTA, one seeking to remove Chapter 19 "Review and Dispute Settlement in Antidumping and Countervailing Duty
Simon Lester 25 Jul 2017 3 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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