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The NHS Abroad

In the TTIP negotiations, some critics have gotten worked up about the potential impact on Britain's NHS (“We know that TTIP poses a real and serious threat to the NHS. The only way to neutralise that threat is for David Cameron to give a cast iron guarantee that
Simon Lester 04 Jul 2016 1 min read

More Gary Johnson on the TPP

Here is Libertarian Party Presidential candidate Gary Johnson on CNN yesterday, talking with Brianna Keilar: KEILAR: He -- Donald Trump gave a major speech this week on international trade. He issued a challenge to Hillary Clinton. This is what he said. (BEGIN VIDEO CLIP) TRUMP: Ask Hillary if she is
Simon Lester 04 Jul 2016 1 min read

The Protocols of the Children of Google: Ross Douthat’s Revival of an Old Myth of Anti-Globalism

Whenever discontent with globalization erupts, so does the myth of a world-dominating tribe that dare not say its name: the tribe sees itself as “elect” and deserving of world mastery, with a mission that is  universal and thus not bound by the normal (territorial) rules of tribalism. In the past,
Rob Howse 03 Jul 2016 3 min read

EU Approval of CETA

This is from Reuters: The European Commission will propose next week a simple approval procedure for a planned EU-Canada trade deal in a bid to speed up the adoption of an agreement seen as a controversial in many EU capitals. Commission President Jean-Claude Juncker told EU leaders meeting on Tuesday
Simon Lester 01 Jul 2016 1 min read

The WTO Plain Packaging Case: More Waiting

The WTO panels in the plain packaging case have delayed the reports again. This is from the panel communication in the DS435 case: The Panel wishes to advise that it now expects to issue its final report to the parties not before the end of 2016, in light of the
Simon Lester 01 Jul 2016 1 min read

Free Trade Within Canada: The Courts (Part 2)

Following up on the last post, this is from a recent report by Canada's Standing Senate Committee on Banking, Trade and Commerce, seeking to have the Canadian Supreme Court clarify the free trade provisions of the Canadian Constitution: A. Overview While the committee would prefer a renewed and
Simon Lester 30 Jun 2016 2 min read

Free Trade Within Canada: The Courts

Last month, a Canadian lower court ruled that the Canadian constitution does, in fact, guarantee free trade among the provinces. Here are the basic facts of the case, from the Toronto Globe and Mail: In 2013, Gérard Comeau was caught in what is likely the lamest sting operation in Canadian
Simon Lester 30 Jun 2016 2 min read

Brexit Law

As always, when there are big, disruptive policy changes, lawyers are some of the biggest winners. In the case of Brexit, it looks like some of my trade lawyer friends will be among them: The ripple effect of last week’s Brexit vote continues to be felt in Washington, where
Simon Lester 30 Jun 2016 1 min read

What's the Answer to the Variable Geometry Test: BRITTIP?

OK, no sensible person who understood Brexit ever really wanted it.  And there are enough potential legal and institutional obstacles—including most importantly the need for British Parliamentary action—to make it possible that actual Brexit never happens, as thoughtful commentators like Gideon Rachman and Andrew Moravcsik have said.  So
Trachtman 29 Jun 2016 2 min read

Trump on Trade Policy

Donald Trump just gave a speech on trade policy. It's full of nonsense, but honestly, it's not much different than you would hear from other politicians (many Democrats and some Republicans). Here are his recommendations for change: There is no way to “fix” the TPP. We
Simon Lester 28 Jun 2016 2 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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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