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Trump's "Ideas" About Trade Are Bizarre

From the draft transcript of his speech tonight: I have a different vision for our workers. It begins with a new, fair trade policy that protects our jobs and stands up to countries that cheat. It’s been a signature message of my campaign from day one, and it will
Simon Lester 21 Jul 2016 2 min read

De Facto Non-Market Economy Status

From Politico: Brussels has signaled that it will radically overhaul its anti-dumping practices worldwide in an attempt to lessen the effect of China winning so-called market economy status later this year. ... European Commissioner for Trade Cecilia Malmström proposed an unexpectedly drastic compromise Wednesday. While Brussels will have to accept in
Simon Lester 20 Jul 2016 1 min read

The GOP Platform on Trade

Not that anyone should take party platforms all that seriously, but here's what the GOP platform says on trade: A Winning Trade Policy International trade is crucial for all sectors of America’s economy. Massive trade deficits are not. We envision a worldwide multilateral agreement among nations committed
Simon Lester 20 Jul 2016 3 min read

Call for Papers on Cultural Heritage (and Trade and Investment)

From The Scientific Committee of the International Conference: The Scientific Committee of the international Conference 'UNESCO World Heritage Between Education and Economy - A Legal Analysis' is calling for paper proposals on the following topics: I) Cultural Heritage and its Meaning; II) Cultural Heritage & Investment Law; III)
Simon Lester 20 Jul 2016 1 min read

When Can the UK Negotiate Its Own Trade Agreements? Part II

A couple weeks ago, I blogged about the issue of when the UK can start negotiating its own trade agreements. There was some twitter discussion of this issue recently, which spilled over into several new comments on that blog post. I wanted to raise the issue again because I'
Simon Lester 17 Jul 2016 3 min read

The Post-Brexit UK-EU Relationship

There has been a lot of hand-wringing about the post-Brexit UK-EU trading relationship as it relates to regulations. Here's an example: Sigurd Braathen worked for a lifetime to build his family’s industrial company into a profitable venture with sales across Europe. Then an environmental diktat from Brussels
Simon Lester 17 Jul 2016 2 min read

Why No Appellate Review in Trade Dispute Settlement Anymore?

From Inside US Trade: In advance of the negotiating round for a Trade In Services Agreement that kicked off today (July 8), the European Union proposed a text on dispute settlement that does not reflect the EU's previous demand for a dispute settlement system with an appeals process,
Simon Lester 14 Jul 2016 1 min read

Subsidies and TTIP Compilations

Two good (and free) edited collections are available. Here's one on subsidies, edited by Luca Rubini and Jennifer Hawkins: What shapes the law? : reflections on the history, law, politics and economics of international and European subsidy disciplines This book puts together several contributions that, from various time, system
Simon Lester 14 Jul 2016 1 min read

Non-Legal Adjudicators in National and International Disputes

From TDM: We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120) special issue on "Non-Legal Adjudicators in National and International Disputes". This special issue will analyse the current scenario, as well as new trends, developments, and challenges that non-legal adjudicators face when resolving national
Simon Lester 14 Jul 2016 1 min read

Is There A Right To Use Trademarks?

This is from last week's Philip Morris v. Uruguay investment arbitration award: 266 The Claimants also argue that a trademark is a property right under Uruguayan law which thus accords a right to use. Again, nothing in their argument supports the conclusion that a trademark grants an inalienable
Simon Lester 13 Jul 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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