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Subsidies, Overcapacity, and Domestic Demand/Savings

There has been a lot of discussion recently about how Chinese subsidies and other government support has led to industrial overcapacity, which can have a negative impact on the manufacturing sector of other economies. If domestic supply exceeds domestic demand, the Chinese-made products that won't be sold in
Simon Lester 14 Apr 2024 5 min read

Free Trade and Peace Sells ... but Who's Buying?

I remain puzzled by some recent statements questioning whether free trade promotes peace. When I read another one in the Boston Review, I thought I was going to have to go through all my old rebuttals again. The article starts off this way: To many today, the idea that free
Simon Lester 07 Apr 2024 4 min read

The Role of the WTO in Planetary Sustainability

The Role of the WTO in Planetary Sustainability Steve Charnovitz 6 April 2024 Promoting planetary sustainability is within the legal competence of all multilateral organizations.  As a result, no international organization is likely to have an exclusive competence to effectuate any major sustainability goal.  A recognition of such overlapping legal
Charnovitz 06 Apr 2024 4 min read

USTR's New Vision for Foreign Trade Barriers

Last week, in the press release for its 2024 National Trade Estimate Report on Foreign Trade Barriers, USTR said that over the years, the identification of trade barriers in this annual report has strayed from the original purpose of the statute, and that in the 2024 report it was going
Simon Lester 01 Apr 2024 4 min read

Digital Trade Fights: The Case of Korea

In recent years, the U.S. has expressed concerns about digital trade regulation in a number of other countries, with the focus tending to be on the the EU due to its large market and active regulatory efforts (although it sounds like USTR and the European Commission are getting along
Simon Lester 31 Mar 2024 3 min read

Data Flows Obligations and Exceptions in the EU - New Zealand FTA

There's a new FTA digital chapter to analyze, with the EU-New Zealand FTA coming into force soon. Let's take a look at the data flows provisions, with the EU-Japan text in the back of our minds as a comparison. The EU-NZ digital trade chapter is here.
Simon Lester 26 Mar 2024 7 min read

New U.S. AD/CVD Regulations Will Take Into Account Weak Property, IP, Human Rights, Labor, Environmental Protections

In a Proposed Rule issued last year, the U.S. Commerce Department said it would take into account "nonexistent, weak, or ineffective property (including intellectual property), human rights, labor, and environmental protections" in various ways as part of its anti-dumping/countervailing duty calculations (surrogate value selection, § 351.408;
Simon Lester 25 Mar 2024 5 min read

Guest Post: EFTA-India TEPA: Breaking New Ground

This is a guest post by Rohan, a PhD student at the Graduate Institute India and the EFTA countries (Iceland, Liechtenstein, Norway, and Switzerland) signed a comprehensive Trade and Economic Partnership Agreement (TEPA) on 10th March, 2024 after a long process of negotiations that started in 2008. Notably, two disciplines
Simon Lester 24 Mar 2024 6 min read

Is Section 301 the Right Remedy for Chinese Shipbuilding Subsidies?

In the Section 301 petition recently filed by a group of unions, the petitioners argued that "Section 301 provides an appropriate mechanism for addressing China’s policies in the maritime, logistics, and shipbuilding sector." They offer three reasons for this: First, traditional trade remedies are not available to
Simon Lester 19 Mar 2024 2 min read

Katherine Tai on Online Business Models and Digital Regulation

U.S. Trade Rep. Katherine Tai spoke recently at a SeedAI event and had some interesting things to say about both online business models and digital trade regulation. I'll start with a quote that reflects what she has said many times about sorting out domestic digital regulation before
Simon Lester 18 Mar 2024 5 min read

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International Economic Law and Policy Blog

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Beware the "Securitization" of Trade Policy

In recent years, U.S. trade policy has seen a creeping takeover by "security" concerns. The precise scope of these concerns is unclear, but they appear to cover both the traditional aspects of military-related security as well as the vague and amorphous concept of "economic security."
06 Oct 2025 4 min read

Stephen Miran on Tariffs and National Savings

In a speech earlier this week, Stephen Miran, who had been the Chair of the Council of Economic Advisers and is now a member of the Federal Reserve Board, made his case for a looser monetary policy. One aspect of his argument was that he thinks national savings will be
24 Sep 2025 4 min read

A GOP Tariff Working Group and Post-Trump U.S. Trade Politics

The Hill reported last week that a handful of pro-trade Republicans in Congress used some leverage during a vote about voting on tariffs – it's complicated, check out the details at the link for more! – to get a Republican working group on tariffs established: And [Tom] McClintock [R-CA] said
21 Sep 2025 4 min read

The Japan-U.S. Investment MOU: Centrally Planned Foreign Investment?

In the last post, Mona set out the basics of the Japan-U.S. MOU on "Strategic Investments" in the U.S. – or at least, a version of the MOU that was posted by the Japanese government online, although we don't know for sure if this is
14 Sep 2025 3 min read

Have the Japanese turned investment lemons into investment project lemonade?

Last week, the governments of the United States and Japan completed a Memorandum of Understanding (MOU) to flesh out the details of a $550 billion pledge to invest in the United States made as part of the bargain to ‘buy down’ the tariffs imposed on Japanese traded products.  For months,
11 Sep 2025 8 min read

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