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The ITC's TPP Report

The U.S. International Trade Commission issued its report on the TPP last week. This is from the ITC press release: The Commission used a dynamic computable general equilibrium model to determine the impact of TPP relative to a baseline projection that does not include TPP.  The model estimated that
Simon Lester 22 May 2016 2 min read

Donald Trump on MFN

Donald Trump has a sophisticated and nuanced take on the MFN principle as applied in trade negotiations.  Ha ha, just kidding. Here's what he said a couple weeks ago: "I want one-on-one: If somebody treats us well, we make a trade agreement, and I'll have
Simon Lester 22 May 2016 1 min read

ASIL IEcLIG Biennial Conference

The American Society of International Law International Economic Interest Group is now accepting papers for its Biennial Conference, which will take place September 30, 2016 - October 1, 2016 at Georgetown University Law Center.  This is from the call for papers: I. Overall Concept and Themes Overall theme: Making International
Simon Lester 22 May 2016 2 min read

What Will TTIP Do To Consumer Prices?

This is from the Draft Interim Technical Report, Trade Sustainability Impact Assessment on the Transatlantic Trade and Investment Partnership (TTIP) between the EU and the USA, prepared by the consultancy Ecorys for the European Commission: 14. Main expected social impacts from TTIP: long-term wages and prices rise, short-term and sectoral
Simon Lester 18 May 2016 3 min read

Guest Post: ECJ upholds validity of EU directive regulating tobacco products – Part II

This is a guest from trade lawyer Adarsh Ramanujan Continuing from my earlier post on the recent ECJ judgements relating to the EU Directive on tobacco products, one part of the dispute involved Poland’s challenge that the EU-wide ban on cigarettes with characteristic flavouring, including menthol, was not permissible.
Simon Lester 15 May 2016 5 min read

Guest Post: ECJ upholds validity of EU directive regulating tobacco products – Part I

This is a guest from trade lawyer Adarsh Ramanujan Last week, the European Court of Justice, issued its judgment (here, here, and here) has dismissed the action initiated by Poland against the EU’s Directive 2014/40/EU concerning tobacco products, and upheld the validity of said Directive. I don’
Simon Lester 15 May 2016 4 min read

Appellate Body Drama

From Politico: And now for some drama in Geneva, the United States has informed the chairman of the World Trade Organization's Dispute Settlement Body that it cannot support the reappointment of South Korean national Seung Wha Chang to the Appellate Body. The U.S. is concerned that some
Simon Lester 12 May 2016 1 min read

CETA as a Mixed Agreement

This is from Politico: COUNCIL TO AMEND CETA AS ‘MIXED AGREEMENT:’ Coming as no big surprise to frequent Morning Trade readers, Friday’s Trade Council will see the EU ministers changing the Comprehensive Economic and Trade Agreement (CETA) with Canada into a ‘mixed agreement,’ meaning that not only the Council
Simon Lester 12 May 2016 2 min read

The WTO Tuna-Dolphin Dispute: Some Novel Procedural Developments

For a while, the Mexico-U.S. WTO dispute over U.S. measures related to dolphin-safe labels on tuna was pretty conventional. Mexico brought a complaint; the U.S. lost. The U.S. revised its regulations, and Mexico challenged the new regulations in an Article 21.5 proceeding. The U.S.
Simon Lester 11 May 2016 2 min read

Trade Bloggers on TV

With all of the trade talk in the U.S. presidential election, there has been some demand for commentary, to make sense of it all. Personally, I can't make sense of much in this election, but nevertheless here's Joel on Fox News talking about the Democratic
Simon Lester 09 May 2016 1 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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