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Is There a Non-Violation Claim Against Trump's Tariff Threats?

Donald Trump has suggested he would impose tariffs on car imports from specific companies who produce in Mexico and export to the United States. Ford, GM, and Toyota have all been mentioned. Here is his Toyota tweet: Toyota Motor said will build a new plant in Baja, Mexico, to build
Simon Lester 08 Jan 2017 1 min read

Can a Foreign Investor Bring a NAFTA Chapter 11 Lawsuit Against a Non-Host Country Government?

According to this Reuters article, some foreign investors in Mexico are having financial difficulties as a result of Ford's decision -- partly in response to statements by Donald Trump -- not to build a planned factory there: Ford Motor Co's (F.N) abrupt move to scrap
Simon Lester 08 Jan 2017 3 min read

Call for contributors: Oxford Reports on International Trade Law Decisions

From the Leuven Global Governance Centre and Oxford University Press: Oxford Reports on International Law (ORIL) brings together decisions on public international law from international law courts, domestic courts, and ad hoc tribunals, and is the most up-to-date source of international case law available. The Reports on International Trade Law
Inu Manak 05 Jan 2017 2 min read

How are Foreign and Domestic Firms Treated by Governments?

This is from a new paper by Emma Aisbett and Lauge Poulsen, called "Relative Treatment of Aliens: Firm-level Evidence from Developing Countries": Foreign firms are subject to a wide range of political risks when operating in developing countries that lack strong property rights institutions. Important insights about the
Simon Lester 05 Jan 2017 2 min read

Global Trade Watch on the Lighthizer Nomination

From the Global Trade Watch blog: The nomination of Robert Lighthizer to be U.S. Trade Representative signals President-elect Donald Trump’s interest in altering the trade policy approach that has prevailed through Republican and Democratic administrations for the past two decades. Lighthizer has consistently noted that historically Republicans favored
Simon Lester 05 Jan 2017 1 min read

Is "Mercantilist" a Pejorative Adjective? And What Does It Mean Exactly?

As pointed out by Simon, Robert Lighthizer is probably the next U.S. Trade Representative. In this regard, it is interesting to note that Lighthizer told a congressional panel in 2010 that the WTO's dispute resolution system was ineffective and that the United States “should consider aggressive interpretations
Marc Benitah 03 Jan 2017 2 min read

Robert Lighthizer as U.S. Trade Rep

From the WSJ: Donald Trump is expected to name Robert Lighthizer, a former trade official under President Ronald Reagan, to head the U.S. Trade Representative office, the first in a final push of appointments anticipated this week as Mr. Trump fills the remaining senior government vacancies in the run-up
Simon Lester 02 Jan 2017 1 min read

Prospects for a NZ-US FTA

I'm not a fan of letting foreign policy influence trade policy (which is one of the reasons I prefer multilateral trade liberalization to bilateral or regional trade deals, which are particularly susceptible), but there is no question that it sometimes does. In this regard, I often come across
Simon Lester 02 Jan 2017 1 min read

Call for Papers: Annual WTO Law Conference 2017

The Graduate Institute’s Centre for Trade and Economic Integration and Georgetown University’s Institute of International Economic Law are proud to present a call for papers for the Annual Conference on WTO Law, to be held in Geneva from June 9-10, 2017. For details, please see the announcement here.
Inu Manak 22 Dec 2016 1 min read

The Hormones Dispute May Be Back On

From a USTR press release today: The Obama Administration announced today that the Office of the United States Trade Representative (USTR) is taking action against the European Union’s (EU) unfair trade practices that discriminate against U.S. beef imports.  Acting on the request of the U.S. beef industry,
Simon Lester 22 Dec 2016 2 min read

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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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