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EU Competence on Trade Policy

As I've mentioned before, the Court of Justice of the EU is hearing an important case on the EU - Singapore FTA related to the competence of the EU over trade policy, which will have important implications for EU trade policy going forward. The hearing in the case was
Simon Lester 06 Oct 2016 2 min read

Deplorables-or Discontents? Does support for Trumpian border-closing stem from genuine economic anxiety-or visceral hatred & xenophobia?

The Deplorables sounds like the name of a band that might have been playing clubs in the Bowery in the early 80s.  Now it's been used, notoriously, by presidential candidate Hillary Clinton to denote a sub-set of Trump supporters whose attitudes and beliefs are, in liberal democratic
Rob Howse 05 Oct 2016 5 min read

ISDS Lawsuits for Failure to Protect the Environment

The award in the Allard vs. Barbados investment arbitration was just recently made public.  Here were the basic facts and the legal claims: 33. In 1994, Mr. Allard decided to acquire and develop land in Barbados for an eco-tourism attraction. To this end, in October 1996, he incorporated the
Simon Lester 02 Oct 2016 6 min read

Seung Wha Chang on Judicial Style

This is from his farewell speech at the DSB: Most importantly, the outcome of cases must never be an acceptable reason for opposing reappointment. And similarly, an Appellate Body Member’s adjudicatory performance relating to case-management, including her “judicial style,” should not be recognized as a legitimate reason for
Simon Lester 29 Sep 2016 2 min read

SIEL/JIEL/OUP Essay Prize

This is from SIEL/JIEL/OUP: " A prize has been established by the Society of International Economic Law (SIEL), Journal of International Economic Law (JIEL) and Oxford University Press (OUP) for the best essay submitted on any topic in any field of international economic law. The 2016-2017 SIEL/
Simon Lester 29 Sep 2016 1 min read

The German Constitutional Complaint on CETA

As I mentioned a few weeks ago, several German NGOs have filed a complaint in German court alleging that CETA is unconstitutional. The full complaint is here. It's in German, but luckily we have a German intern named Max Wirth at Cato right now, so I asked him
Simon Lester 27 Sep 2016 3 min read

Trump Raises the VAT Issue

The Trump campaign released an Economic Plan today. On trade, they raise one issue that has been of concern to respected trade policy people and has been lingering for quite a while: Ending the Unequal Value-Added Tax Treatment Under WTO Rules In addition to the obvious problem of relatively
Simon Lester 26 Sep 2016 4 min read

The Obama Administration's Attack on Appellate Body Independence Shows The Need for Reforms

By Steve Charnovitz, George Washington University Law School The Obama Administration has not yet apologized for its unilateral action in May 2016 to unseat Appellate Body Member Seung Wha Chang, a distinguished jurist from South Korea. Although this hostile act by the United States has been roundly criticized by other
Charnovitz 22 Sep 2016 6 min read

The UK's Status in the WTO after Brexit

This is the abstract of a new paper by Lorand Bartels: It has become conventional wisdom that once the UK leaves the EU it will have to renegotiate core aspects of its WTO rights and obligations, and in particular its concessions under Article II of the GATT 1994 and Article
Simon Lester 22 Sep 2016 3 min read

A Flurry of New WTO Complaints

After a bit of a lull, three potentially interesting new WTO complaints were filed recently. Here's a brief rundown. First up is a complaint by India focusing on various U.S. state renewable energy programs that have domestic content requirements. Are there any creative new defenses that can
Simon Lester 22 Sep 2016 2 min read

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International Economic Law and Policy Blog

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Featured

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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