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The Windstream Investment Arbitration

The award in the Windstream v. Canada NAFTA Chapter 11 investment arbitration was recently published. Investment Arbitration Reporter has a full summary here. I wanted to highlight two aspects of the fair and equitable treatment reasoning. First, the tribunal seemed to apply a strict "no dictionaries" principle: 357.
Simon Lester 12 Dec 2016 3 min read

The 15 Year Period of Not Litigating About Whether China is a Non-Market Economy Has Ended

The 15 year period after China's WTO accession during which litigation about the treatment of China as a "non-market economy" was put on hold has now expired, and the litigation can commence. This is from Inside US Trade: China this week wasted no time challenging the
Simon Lester 12 Dec 2016 1 min read

The International Aspects of the Republican Tax Plan (Probably) Violate WTO Law

Continuing from Simon’s interesting post on The GOP’s Response to VAT. . . .  In June 2016, the House Republican Tax Reform Task Force, led by Congressman and House Ways and Means Chair Kevin Brady, published a “Tax Reform Task Force Blueprint.”  The Blueprint proposes repealing the current corporate income tax,
Trachtman 10 Dec 2016 4 min read

The GOP's Response to the VAT

I've had a few questions from friends and reporters asking what I thought of the GOP tax plan set out here.  This is a key excerpt from the plan: Today, all of our major trading partners raise a significant portion of their tax revenues through value-added taxes (VATs)
Simon Lester 09 Dec 2016 6 min read

Welcome to Inu Manak

I wanted to welcome Inu Manak as a contributor to this blog. Inu was our research assistant at Cato's trade policy center, and she has been my co-author on several journal articles and op-eds. She is now a PhD student in poli sci at Georgetown (studying under Marc
Simon Lester 09 Dec 2016 1 min read

Talking About Brexit

Like most people, I didn't expect the UK voters to support Brexit. I figured this vote would be like all the other secession votes that come along, with a rejection at the end.  But with the vote going the way it did, whatever you think of the idea
Simon Lester 08 Dec 2016 1 min read

The Vattenfall Investment Arbitration

This is from the Financial Times: Germany’s highest court has ruled that the country’s utilities should be compensated for the government’s decision in the wake of the Fukushima disaster to shut down all Germany’s nuclear reactors. The decision by the Constitutional Court in Karlsruhe is a
Simon Lester 07 Dec 2016 1 min read

The WTO Plain Packaging Panel Report

The WTO panel in the plain packaging case tells us that the report will be circulated to the parties "not before" May 2017.  So what does that mean for those of us who are not parties, but rather mere members of the public?  For some indication, but not
Simon Lester 07 Dec 2016 1 min read

Security Exceptions in International Investment Agreements

This is from the latest Columbia FDI Perspectives: A network of bilateral treaties and other international investment agreements (IIAs) has constructed a predictable and enforceable international investment regime. Since 1992, however, the protections offered by this regime have potentially been limited by the inclusion in IIAs of self-judging essential security
Simon Lester 07 Dec 2016 1 min read

A Tax on Outsourcing

This is the latest from Donald Trump: The U.S. is going to substantialy reduce taxes and regulations on businesses, but any business that leaves our country for another country, fires its employees, builds a new factory or plant in the other country, and then thinks it will sell its
Simon Lester 05 Dec 2016 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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