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Section 337 Case on "Unfair and Illegal Practices Affecting Steel Sector"

This is a bold new case against steel imports: United Steelworkers (USW) International President Leo W. Gerard issued the following statement today in support of a new petition filed by United States Steel Corporation (U.S. Steel) under Section 337 of the Tariff Act of 1930. The petition was filed
Simon Lester 26 Apr 2016 2 min read

Guest Post: Treaty Interpretation Issues in Mesa v. Canada

This is a guest post from Mona Pinchis on the Mesa v. Canada NAFTA Chapter 11 decision On March 24, 2016, a decision was rendered in the Mesa Power Group LLC v Canada dispute. The Government of Canada released the decision a few days ago, including a concurring and dissenting
Simon Lester 24 Apr 2016 5 min read

Foreign Investment Opportunities for Marijuana

From the Washington Post: The Canadian government announced Wednesday that it will introduce legislation next year to decriminalize and legalize the sale of marijuana, making Canada the first G7 country to permit widespread use of the substance. Some Canadians are ready to make money off this: Already, Ontario’s provincial
Simon Lester 22 Apr 2016 1 min read

Hillary Clinton on ISDS

Todd Tucker picks apart Hillary Clinton's recent statements on ISDS ("With respect to the flawed ISDS provisions in TPP – which I even wrote about in my book – I think we need to have a new paradigm for trade agreements that doesn’t give special rights to corporations
Simon Lester 22 Apr 2016 1 min read

Tobacco Regulation in India

First, there is the issue of health warnings: India's health ministry has ordered government agencies to enforce a new rule for bigger health warnings on cigarette packs, stepping up a fight against the country's $10 billion cigarette industry that has shut down its factories in protest.
Simon Lester 19 Apr 2016 1 min read

President Obama on Individuals Suing Foreign Governments

Here's something President Obama just said: “If we open up the possibility that individuals and the United States can routinely start suing over governments, then we are also opening up the United States to being continually sued by individuals in other countries.” Although having watched the video myself,
Simon Lester 19 Apr 2016 1 min read

Understanding Bernie:The New Politics of Expression (and the trade policy fallout)

What is the source of Bernie Sanders' ability to raise tens of millions of dollars, bring out to rallies supporters in the tens of thousands, and run neck-and-neck in national polls,having been an unknown but months ago?  To understand the consequences of the current political environment in the
Rob Howse 19 Apr 2016 12 min read

Purpose in Non-Discrimination Obligations and Exceptions

In the Argentina - Financial Services Appellate Body report, circulated last Thursday, the Appellate Body has continued its push to keep certain non-discrimination obligations focused on the impact (or effect) of the measure, with any examination of the purpose (or objective or aim or intent) of the measure carried out
Simon Lester 18 Apr 2016 3 min read

Trade & the Democratic Nomination Contest:Why Bernie Sanders is LESS protectionist than Hillary Clinton

On trade, Bernie Sanders is usually portrayed as an arch-protectionist who, like Donald Trump, seeks to trash existing trade agreements and erect new walls against imports. The truth is much more complex.  Of course, Sanders has faulted recent trade agreements, and the normalization of trade relations with China under the
Rob Howse 13 Apr 2016 10 min read

Tuna Compliance Update

A couple weeks ago, I asked this question: What steps will the U.S. take now to prove its compliance [in Tuna]? Note that Mexico has already proposed suspension of concessions, and the U.S. has objected to the level of suspension, so the matter has been referred to arbitration.
Simon Lester 12 Apr 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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