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Gary Johnson on the TPP

Here's Libertarian Party candidate Gary Johnson talking about the TPP with Glenn Thrush of Politico: THRUSH: ... So the other thing I find fascinating about you, the other wildfire that's really striking in terms of the Trump thing is the free trade stuff. You have been on
Simon Lester 09 Jun 2016 1 min read

Does Canadian Law Provide Remedies Equivalent to NAFTA Chapter 11 Arbitration?

That's the title of a new paper by Armand de Mestral and Robin Morgan. Here's the abstract: It is often alleged that the provisions for investor-state arbitration (ISA) are not needed in international trade agreements to protect the interests of foreign investors in developed democracies because
Simon Lester 08 Jun 2016 2 min read

Doctoral Researcher Position in International Trade Law

From the Leuven Centre for Global Governance Studies: The Leuven Centre for Global Governance Studies is an inter-faculty interdisciplinary research centre of excellence of the Humanities and Social Sciences at the University of Leuven which conducts research in relation to globalization, governance processes and multilateralism (www.globalgovernancestudies.eu). The Institute
Simon Lester 08 Jun 2016 1 min read

What's at Stake with the Appellate Body Reappointment Controversy

Here are Manfred Elsig, Mark Pollack and Gregory Shaffer writing about the Appellate Body reappointment controversy for the Monkey Cage blog on the Washington Post website: 2) What’s at stake What’s at stake here is not just the fate of Chang but the independence of the international judiciary,
Simon Lester 06 Jun 2016 2 min read

SIEL Conference in South Africa, July 7-9, 2016

From the SIEL: The Society of International Economic Law (SIEL) is organising its fifth Biennial Global Conference – International Economic Law in a Diverse World – on 7-9 July 2016 at the University of Witwatersrand, in Johannesburg, South Africa. SIEL is a membership organization aimed at academics and academically-minded practitioners and officials
Simon Lester 06 Jun 2016 1 min read

More on the U.S. Objections to Certain Appellate Body Practice

Following up on my earlier post about U.S. allegations that the Appellate Body sometimes says more than it needs to say, here's another point the U.S. makes: Second, in DS430, a dispute in which the United States was the complaining party and prevailed, we noted that
Simon Lester 05 Jun 2016 5 min read

16th Annual WTO Law Conference

The 16th Annual WTO Law conference is coming up next week. Formerly a BIICL/IIEL production in London, it has moved to Geneva this year and added the Graduate Institute and the SIEL as organizers. From the conference web page: The Annual WTO Conference was originally established in 2000 through
Simon Lester 05 Jun 2016 1 min read

Should Cost-Benefit Analysis be a Factor in Deciding whether a Regulation is "Arbitrary"?

This is the abstract of a new paper by Cass Sunstein: When an agency fails to engage in quantitative cost-benefit analysis, has it acted arbitrarily and hence in violation of the Administrative Procedure Act? At first glance, the question answers itself: Congress sometimes requires that form of analysis, but if
Simon Lester 03 Jun 2016 1 min read

ELSA WTO Moot Court Competition Next Week

From ELSA: Press release Final Oral Round - ELSA Moot Court Competition on WTO law Between 7 and 12 June 2016, the Final Oral Round of the ELSA Moot Court Competition will take place in Geneva, Switzerland. Over 150 active students, their team coaches, renowned academics and practitioners from all
Simon Lester 03 Jun 2016 1 min read

Former Appellate Body Members Weigh in on the Recent U.S. Actions Related to the Appellate Body

Here is the main text of a letter to the DSB chair from all the living, former Appellate Body Members: We write in the hope that we can be of some assistance to the Members of the World Trade Organization. As the thirteen living former Members of the WTO Appellate
Simon Lester 01 Jun 2016 4 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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