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Investment Treaty Counterclaims by States against Investors

Investment Arbitration Reporter has a piece on a recent award involving a counterclaim by a state against an investor. Jarrod Hepburn explains: As discussed in a companion article, a tribunal at the International Centre for Settlement of Investment Disputes (ICSID) has found one discrete breach of the Spain-Argentina bilateral investment
Simon Lester 16 Jan 2017 4 min read

Deadline Extended: SIEL/JIEL/OUP Essay Prize Competition

This is from SIEL/JIEL/OUP: The deadline for entering the 2016-2017 SIEL/JIEL/OUP Essay Prize competition has been extended to 31 JANUARY 2017. Authors meeting the stated conditions are warmly encouraged to send their submission  before /on that date.  For further details: http://www.sielnet.org/essayprize
Inu Manak 13 Jan 2017 1 min read

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

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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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