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Attribution of the measures of an international organization to a member in the Russia - Tariff Treatment panel report

I was curious to know why the panel report in Russia - Tariff Treatment found violations by Russia because of duties that it was 'required' to apply. It turns out that the reason for this terminology is that the duty rates at issue were adopted, as a Common
Lorand Bartels 14 Aug 2016 4 min read

Trump on Trade: The one comparative advantage he may know is his own

The usual suspects will doubtless be outraged by Trump’s economic policy speech today in Detroit, where he declared in almost no uncertain terms autarchy (a purely national self-sufficient economy) as the goal of his economic plan:  “American cars will travel the roads, American planes will connect our cities, and
Rob Howse 08 Aug 2016 4 min read

Gary Born Defending Investment Arbitration

Global Arbitration Review published a summary of an interview with Gary Born about international arbitration. Here's an excerpt, focusing on the investment arbitration part: Interviewed as part of a New York International Arbitration Centre event in memory of its late founding chair, Judith Kaye, Born addressed a range
Simon Lester 08 Aug 2016 5 min read

President Obama on the TPP

From a press conference today: Q    Thank you, Mr. President.  You're here today touting the Trans-Pacific Partnership, but Hillary Clinton is against it.  Her vice presidential nominee, Tim Kaine, has now reversed himself and is now against it.  Donald Trump is, too, meaning that the next President is
Simon Lester 02 Aug 2016 4 min read

Who Wrote the TPP?

Political scientists Todd Allee and Andrew Lugg have a new article showing that the TPP is textually more like U.S. FTAs than it is like the FTAs of other TPP parties: We evaluate the TPP in a new way by systematically comparing the recently-released text of the TPP to
Simon Lester 02 Aug 2016 3 min read

Tim Kaine on TPP

Democratic VP nominee Tim Kaine was interviewed on CNN about his position on the TPP: Kaine also denied he had changed his stance on the Trans-Pacific Partnership, insisting that he has not "shifted my position on that."Kaine voted to grant President Barack Obama fast-track authority to negotiate
Simon Lester 29 Jul 2016 1 min read

Trump's Trade Bilateralism

I've mentioned this before, but I'm still baffled. This is from GOP VP nominee Mike Pence: “With the TPP, it feels a little bit like Obamacare, you remember when Nancy Pelosi said, ‘we gotta pass this bill so we can find out what’s in it,
Simon Lester 28 Jul 2016 1 min read

Hillary Clinton's Position on the TPP

This is from Politico: Virginia Gov. Terry McAuliffe, longtime best friend to the Clintons, said Tuesday that he believes Hillary Clinton will support the TPP trade deal if elected president, with some tweaks. “I worry that if we don’t do TPP, at some point China’s going to break
Simon Lester 28 Jul 2016 2 min read

The UK's Trade Relationship with the EU

The FT explains how complicated this is: Membership of the EU’s customs union — that is, having a common external tariff applied to imports from the rest of the world — is a separate issue to membership of its single market. Norway, for example, is a member of the single market
Simon Lester 28 Jul 2016 1 min read

Two Brexit Questions

These Brexit questions are from Federico Ortino: 1) Assume 10 large WTO Members had formed an FTA in 1980, which provides 0 tariff for all industrial products traded within the FTA. Negotiations in the Uruguay round were done taking in to account such FTA. Say, a non-FTA WTO Member exporting
Simon Lester 27 Jul 2016 1 min read

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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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