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Does NAFTA Chapter 19 Constrain AD/CVD Use?

This is from Chad Bown: Figure 1 illustrates the United States’ use of [trade remedies] over the NAFTA period of 1994–2016, as well as a projection for potential use in 2017 (more on this below). Each line represents the share of US imports from a different foreign source that
Simon Lester 20 Jul 2017 3 min read

Is NAFTA Chapter 19 Constitutional?

Here are some excerpts from an old law review debate about the constitutionality of CUSFTA Chapter 19: Alan Morrison of Public Citizen: If the meaning and applicability of the laws of the United States dealing with antidumping and countervailing duties are enunciated and given legally binding effect in decisions directly
Simon Lester 20 Jul 2017 3 min read

The New Calvo Doctrine of the Trump Administration: Renegotiating the Investment Chapter of NAFTA

In a recent post here, I commented on the absence of Fair and Equitable Treatment and protection against expropriation from the text on investment in the recently released (thought not finalized) Japan-EU Economic Partner Agreement (JEEPA), speculating that this might be seen as a shift to a focus on non-discrimination
Rob Howse 18 Jul 2017 2 min read

The Trump Administration's NAFTA Negotiating Objectives

USTR has just published the Trump administration's NAFTA negotiating objectives here. Many of them will look familiar, as they are a standard part of U.S. trade negotiations.  Here are some examples: Investment - "Secure for U.S. investors in the NAFTA countries important rights consistent with
Simon Lester 17 Jul 2017 1 min read

A New Environmental Exception in the JEEPA?

This is from the Trade and Sustainable Development chapter of the Japan-EU Economic Partnership Agreement (JEEPA), circulated by the EU last week: Article 4 Multilateral environmental agreements ... 4. The Parties reaffirm their commitment to achieving the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC). The Parties
Simon Lester 10 Jul 2017 2 min read

ISDS Tobacco Litigation Costs

How much does ISDS litigation on tobacco regulation cost?  And who has to pay? This was from the Philip Morris v. Uruguay tribunal: 588. In view of the outcome of the case and the significant disproportion between the Parties’ respective costs, the Tribunal deems it fair and reasonable that the
Simon Lester 10 Jul 2017 2 min read

Fumbling towards multilateralism? A first read of the investment text in the Japan-EU FTA

The Japan-EU trade deal, the JEEPA, has many facets and implications-economic, geopolitical and legal. On its own, the text of the investment chapter merits attention.   The EU and Japan seemed to have scrapped the classic BIT/investor protection architecture as a model, and instead designed a set of disciplines that
Rob Howse 07 Jul 2017 5 min read

In the Race to Set International Standards, the EU is Taking the Lead

The conclusion of an “Agreement in Principle” on the Japan-EU Economic Partnership Agreement (JEEPA) is being heralded by many as a major victory for free trade. Despite growing concerns about a rise in protectionism, the EU and Japan are trying to buck this trend. Beyond the big picture, however, some
Inu Manak 07 Jul 2017 4 min read

How Many Jeffs Do You Need? Calling Out Foreign Affairs on its Definition of “Expert”

In June 2017, Foreign Affairs published a piece entitled “Will Economic Globalization End? Foreign Affairs Asks the Experts.” In it, the editors explained that they had decided to ask a “broad pool of experts” for their take and so, as with previous surveys, they approached “dozens of authorities,” some with
Anthea Roberts 06 Jul 2017 4 min read

Amending the KORUS FTA

Inside US Trade has some KORUS news: Following President Trump's promise to renegotiate the U.S.-Korea free trade agreement “right now,” an administration official told Inside U.S. Trade the Office of the U.S. Trade Representative will formally request that both countries' joint committee convene
Simon Lester 03 Jul 2017 1 min read

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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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