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Some Questions for Howard Lutnick

Howard Lutnick is Trump's nominee for Secretary of Commerce, and he will have a Senate nomination hearing on January 29. In anticipation of the hearing, I came up with some questions for Lutnick. Any Senators participating in the hearing are welcome to adopt these questions, or a variation
Simon Lester 27 Jan 2025 2 min read

Katherine Tai on "Discrimination" against U.S. Companies and National Security Capture

Katherine Tai is no longer the U.S. Trade Representative, but I missed this podcast interview that took place while she was still in office, so I'm going to submit this blog post about her trade policy views a few days late. I only have two brief comments,
Simon Lester 26 Jan 2025 4 min read

Would the U.S. Join a Version of the MPIA?

I have a new piece for the Japan Economic Foundation that asks "Would the United States Join the MPIA?" This is from the conclusion: The Appellate Body appointments crisis has dragged on for years now. The MPIA represents a solution for any WTO member that wants to ensure
Simon Lester 26 Jan 2025 3 min read

Trump's Trade Policy, Day 1: Just a Memo

There was a great deal of anticipation about what tariffs Trump might impose on his first day in office, but ultimately we just got a memo. (In response to a question from a reporter, Trump did say "We're thinking in terms of 25 percent [tariffs] on Mexico
Simon Lester 20 Jan 2025 8 min read

The Optimal Tariff Argument at the Scott Bessent Hearing

At his confirmation hearing last week, Treasury Secretary-nominee Scott Bessent mentioned "optimal tariff theory," which is something that always triggers me (although as I'll say later, I'm not sure he meant what he seemed to): Senator Ron Wyden: On the tariffs, Donald Trump, with
Simon Lester 19 Jan 2025 5 min read

USTR's Model Negotiating Texts: Non-Market Practices and More

Last week, USTR released what it referred to as "Model Negotiating Texts" on a number of issues: * Competition Model Text * Inclusive Economy Chapter Model Text * Non-Market Policies and Practices (NMPPs) Model Text * Public Enterprise Model Text * Standards Model Text There's a lot to take in here,
Simon Lester 17 Jan 2025 4 min read

The Latest on Appeal/Review in WTO DS Reform

I've been posting about official WTO documents related to appeal/review in dispute settlement reform. The latest one, from the heads of delegation meeting on November 21, is now available. There were no exciting new revelations, but just for the sake of completeness, I'm providing excerpts
Simon Lester 17 Jan 2025 2 min read

Unfinished Business: Bringing China Into the Club of Market-Oriented Countries

Given where U.S. trade policy is at the moment, this doesn't seem like the best time for my latest piece, which is called "Unfinished Business: Bringing China Into the Club of Market-Oriented Countries." But sometimes all you can do is lay the groundwork for the
Simon Lester 16 Jan 2025 2 min read

Katherine Tai on "The Real Purpose of Trade Policy"

As we close in on the end of the Biden administration, I may have fewer opportunities to react to Katherine Tai's thoughts on trade policy. My Katherine Tai tag now has over 60 entries. I've enjoyed writing them, and I hope she has enjoyed -- or
Simon Lester 13 Jan 2025 7 min read

Call for Papers: Journal of World Investment & Trade

This is a call for papers from early career scholars in international trade and investment law from the Journal of World Investment & Trade: Submit your abstract, and if selected, you will be invited to participate in an exclusive workshop where you will receive invaluable advice and guidance from leading
Simon Lester 13 Jan 2025 1 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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