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What Will Happen to WTO Dispute Settlement in the Trump Administration?

From Politico: America’s relationship with the World Trade Organization is about to get a lot more complicated. President-elect Donald Trump already has threatened to withdraw from the Geneva-based organization, but his selection of Robert Lighthizer to be the next U.S. Trade Representative last week increases the odds that
Simon Lester 22 Feb 2017 1 min read

Seven Ongoing Appeals

As of Monday, when Russia filed an appeal in the DS479 dispute, there were seven ongoing WTO appeals. That will end soon, as the Appellate Body is scheduled to circulate its report in the Russia - Pigs case by February 23, but I'm going to declare here on
Simon Lester 22 Feb 2017 1 min read

India should hold firm against the European efforts to undermine its new model Bilateral Investment Treaty

In the process of moving to a new approach to international investment law and dispute settlement, India has elaborated a model BIT that differs significantly from older agreements.  It is much more balanced between investor interests and those of legitimate public policy.  The model BIT, for instance, contains a tightly-drafted
Rob Howse 21 Feb 2017 3 min read

The Future of Trade Defence Instruments Conference, Mar. 30-31 (Brussels)

The Future of Trade Defence Instruments: Global Policy Trends and Legal Challenges conference will take place in Brussels from March 30-31, 2017. It is jointly organized by the University of Passau, the Europa-Institut Saarbrücken, the Institute of European and International Economic Law & the World Trade Institute - University of
Inu Manak 21 Feb 2017 1 min read

Trade Deficit Shenanigans

From the WSJ: The Trump administration is considering changing the way it calculates U.S. trade deficits, a shift that would make the country’s trade gap appear larger than it had in past years, according to people involved in the discussions. The leading idea under consideration would exclude from
Simon Lester 20 Feb 2017 1 min read

Banning Imports/Junk Food in Vanuatu

From the NY Times: Cookies and sugary drinks served at government meetings are about to go away. So are imported noodles and canned fish served in tourist bungalows. Taking their place? Local coconuts, lobsters and lime juice. While many governments struggle to ban soda to curb obesity, the tiny Torba
Simon Lester 20 Feb 2017 1 min read

Is the U.S. Complaint on BC Wine Measures an Easy Win?

For anyone who has ever lived in, or traveled to, Canada, there is one indisputable fact—buying liquor is a challenge. Rules have slowly been relaxed, however, with wine sales in groceries stores leading the way.  I remember a trip to Toronto a few years back where a “store within
Inu Manak 17 Feb 2017 2 min read

Clarifying the NAFTA Renegotiations

Canadian heartthrob and panda-lover (and Prime Minister) Justin Trudeau was in DC yesterday to meet with President Trump, and there were some brief discussions of trade: PRESIDENT TRUMP:  ... We have a very outstanding trade relationship with Canada.  We’ll be tweaking it.  We’ll be doing certain things that are
Simon Lester 14 Feb 2017 1 min read

How the Trump Administration Might Deal with "Currency Manipulation"

From the WSJ: The White House is exploring a new tactic to discourage China from undervaluing its currency to boost exports, part of an evolving Trump administration strategy to challenge the practices of the U.S.’s largest trading partner while stepping back from direct confrontation. Under the plan, the
Simon Lester 14 Feb 2017 2 min read

When Are All the Bilateral Trade Agreements Coming?

We've heard many times now from Trump and his advisers that they will be pursuing bilateral trade agreements. For example, in withdrawing from the TPP, Trump said this: it is the intention of my Administration to deal directly with individual countries on a one-on-one (or bilateral) basis in
Simon Lester 12 Feb 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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