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Tuna Compliance

The U.S. government has further modified its dolphin-safe labelling measure, in an attempt to bring the measure into compliance with the WTO rulings against it. Here are the various elements of the change: This interim final rule makes six amendments to the regulations, as explained below, none of which
Simon Lester 23 Mar 2016 7 min read

Marketing Marijuana

There's a lot of talk these days in international economic law -- both in disputes and negotiations -- about the marketing of traditional tobacco products. My sense is that this issue is on its way out, and in the coming years the big issue will be the marketing
Simon Lester 23 Mar 2016 2 min read

ISDS Discussion at Cato

We are hosting a discussion at the Cato Institute on the politics of investment treaties in developing countries, on Friday, April 15th at 4:30-6:00. The discussion will take as its starting point a new book by Lauge Poulsen, entitled "Bounded Rationality and Economic Diplomacy: The Politics of
Simon Lester 21 Mar 2016 1 min read

Trade as a Value

In a recent talk at a European Community Studies Association conference in Salzburg on CETA, TTIP and TISA, Lorand Bartels said something along these lines (sorry, no link, but Lorand assures me he said it!): Trade is not the most important value and the GATT exceptions say that other values
Simon Lester 20 Mar 2016 1 min read

CETA ISDS: Assisting the Tribunals

Let's say that, eventually, CETA comes into force, and the new version of ISDS with an international investment court tribunal, as well as an appellate tribunal, is in effect. Presumably, the members of these tribunals will need some assistance with their work. Here's where CETA suggests
Simon Lester 17 Mar 2016 1 min read

Proposed Retaliation Amount in Tuna

Mexico has moved forward in the Tuna WTO proceedings, announcing its proposed amount of retaliation: In accordance with Article 22.2, Mexico requests authorization from the DSB to suspend the application to the United States of tariff concessions and other related obligations in the goods sector under GATT 1994 in
Simon Lester 17 Mar 2016 1 min read

More on the Economic Benefits of Removing Non-Tariff Barriers

Here is an exchange from a New Zealand parliamentary hearing on the TPP: Clark: On that point, the non-tariff barrier portion of the argument—the analysis, or the modelling, seems to have gone to a view that, crudely characterised as “Think of a number and then halve it.” in terms
Simon Lester 15 Mar 2016 1 min read

More on Frivolous ISDS Claims

Here is the abstract of a new paper from Krzysztof Pelc, entitled "Does the Investment Regime Induce Frivolous Litigation?": The treatment of foreign investment has become the most controversial issue in global governance. At the centre of the controversy lies the mechanism of investor-state dispute settlement (ISDS), which
Simon Lester 15 Mar 2016 2 min read

H-1B Visas

Apparently, I am going to have to learn a bit more about H-1B visas. They are the subject of a new Indian WTO complaint against the U.S., which I may have something to say about next week. And they came up in last night's Republican presidential debate:
Simon Lester 11 Mar 2016 3 min read

Frivolous and Unfounded Claims under CETA ISDS

Here is a recent @Trade_EU tweet: "CETA has a fast track system for rejecting unfounded or frivolous investment protection claims – in a matter of weeks!" The CETA provisions they are referring to are the following: Article 8.32 Claims manifestly without legal merit 1. The respondent may,
Simon Lester 11 Mar 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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