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WTO Member Statements on Appeal/Review in the DS Reform Process

The WTO Dispute Settlement Reform Process is underway. The WTO website provides brief overviews of the meetings as they happen, but for those of us who want more than just a short summary, we can follow it a few weeks behind the actual current developments as meeting minutes are derestricted.
Simon Lester 24 Jul 2024 10 min read

More from the Biden Administration on Chinese Overcapacity

A couple months ago, I did a post on "Subsidies, Overcapacity, and Domestic Demand/Savings," in which I argued that, in the context of concerns about Chinese overcapacity, it would be better to focus on Chinese subsidies than on differences in U.S./China domestic demand and savings
Simon Lester 21 Jul 2024 5 min read

Safeguards Without Compensation -- A New Normal?

Mexico’s push for exclusion from the United States’ solar safeguard measure, which jumped into the news this week, raises a point of potential interest for the IELP Blog audience. The escape clause / efficient breach theory of safeguards holds that a WTO Member can temporarily retract a trade concession, hiking
John Magnus 17 Jul 2024 2 min read

The Trade Section of the GOP 2024 Platform

I'm not sure how important party platforms are, but they probably have at least some relevance. Here's the section of the Republicans' 2024 platform on trade policy, which has been shaped by Trump's protectionist views on trade: CHAPTER FIVE: PROTECT AMERICAN WORKERS AND
Simon Lester 15 Jul 2024 4 min read

The Passing of Frederick Ikenson

My friend and former colleague Dan Ikenson informs me of the sad news of the passing of his father, Frederick Ikenson, who was a long-time Washington, DC-based trade and customs lawyer. Fred practiced in this field for over five decades, so many of this blog's readers probably got
Simon Lester 09 Jul 2024 1 min read

Multiple Permissible Interpretations under Chevron and AD Agreement Article 17.6(ii)

Here's an excerpt from the majority opinion in the recent Loper Bright U.S. Supreme Court decision that puts an end to Chevron deference, in which the majority says that it does not make sense to talk about "permissible" interpretations because there is always a "
Simon Lester 07 Jul 2024 5 min read

The Anti-Neoliberal View of Where Things Went Wrong on China Trade

Farah Stockman of the New York Times recently had a piece about former Biden administration official Jennifer Harris. If I understand their views correctly, Stockman and Harris are part of a group of people who are skeptical of past "neoliberal" policies, whereas I -- as I mention here
Simon Lester 26 Jun 2024 3 min read

What Would a Second Trump Administration Mean for Tariffs and Trade?

In case you hadn't heard, there is a U.S. presidential debate coming up this week. I'm not expecting an in-depth and wonky policy discussion in general, and trade policy sometimes doesn't even get a mention at these things. Nevertheless, I've been
Simon Lester 23 Jun 2024 18 min read

Situating Labor in a Trade Agreement: Questions from the First RRM Panel

This is the second of two posts that take a look at the submissions and recount some of what was said at the hearing in the first USMCA Rapid Response Labor Mechanism (RRM) dispute between the United States and Mexico.  If you’re new to the discussion, check out the
Kathleen Claussen 20 Jun 2024 7 min read

What does Mexico's Impending Return to Single Party Government Mean for Attracting FDI?

While the election of Lopez-Obrador's anointed candidate, Claudia Sheinbaum, in the elections June 2 was no surprise in itself, her margin of more than 30 points over the principal opposition candidate Xochitl Galvez (and over 58% of the total vote) was a surprise to many observers. Similarly, few
David A. Gantz 18 Jun 2024 10 min read

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International Economic Law and Policy Blog

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

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Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part I

Thanks to Simon for kickstarting a debate on the prospect of bringing economic security provisions into trade agreements, and for allowing me to respond here.
26 Nov 2025 4 min read

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