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The TPP and NTBs

This is from a Peterson Institute working paper, by Peter Petri and Michael Plummer, that estimates the economic effects of the TPP: The bottom half of the table shows NTBs, represented as tariffs that would have had the same protective effect (tariff equivalents). NTBs include quotas in agriculture and energy,
Simon Lester 01 Feb 2016 2 min read

A First Look at the EU's New Investment Court System

A few weeks ago, I noted that the EU - Viet Nam FTA would include the EU's proposed new Investment Court System (ICS). The text of that FTA has just been released, so now everyone can see what the big deal is. The ICS part is in Chapter
Simon Lester 01 Feb 2016 1 min read

Talking Tuna

On Friday, ICTSD and WTI Adivisors hosted an excellent discussion of the US - Tuna II WTO Appellate Body report, with Lorand Bartels, Joel Trachtman, Iain Sandford, David Agnew, and Matthew Owens as speakers. You can view the recording here. Via twitter, I asked the following questions: "The AB
Simon Lester 31 Jan 2016 2 min read

Cecilia Malmstrom on the Precautionary Principle and TTIP

From a speech by EU trade commissioner Cecilia Malmstrom: I'd like to talk about three benefits in particular but the theme of today's event is the precautionary principle, so let me say a few words about that first. * As a starting point, it's good
Simon Lester 28 Jan 2016 2 min read

New Appellate Body Appointment

From the WTO: The DSB agreed with the Chairman’s proposal for appointment/reappointment of Appellate Body members. In particular, it agreed to launch a selection process for one position in the Appellate Body to replace Ms Yuejiao Zhang, whose second four-year term of office will expire on 31 May
Simon Lester 27 Jan 2016 1 min read

Senator Wyden on the TPP Tobacco Carveout

From Politico: “I pushed very, very, very aggressively for that tobacco provision to be part of this,” Wyden told POLITICO about the carveout that protects tobacco control-related policies from being challenged in investor-state cases. “I have watched the tobacco companies over the years particularly focus on global markets where they
Simon Lester 27 Jan 2016 1 min read

WHY DOES US CVD LEGISLATION MODIFY ARBITRARILY THE WORDING OF WTO PROVISIONS?

I have noticed for a long time that, in the CVD context of determination of injury, the US  national legislation is at odds with the mirror WTO provision. In the US, Section 771(7)(C)(i) of the Act provides that the “Commission shall consider whether the volume of imports
Marc Benitah 26 Jan 2016 1 min read

Donald Trump on the Keystone XL Pipeline

The Obama administration's rejection of the Keystone XL pipeline was controversial; opinions on TransCanada's NAFTA Chapter 11 claim vary. Now Donald Trump has weighed in. You can probably imagine the result. This is from the Toronto Star: Republican presidential front-runner Donald Trump says he would reject
Simon Lester 25 Jan 2016 1 min read

ISDS Lawsuits: Small vs. Big Business

This is from a new paper by Gus Van Harten and Pavel Malysheuski: The sociological legitimacy of investment treaty arbitration, commonly known as investor-state dispute settlement (ISDS), appears to depend in part on an expectation that it benefits smaller businesses, not just large multinationals and the super wealthy. Proposed trade
Simon Lester 25 Jan 2016 2 min read

Canada vs. the EU vs. the U.S. on ISDS

This is a fascinating article on ISDS from CBC news, explaining the tension between the EU and U.S. positions on ISDS, and how Canada is caught in the middle: European Union officials quietly approached Justin Trudeau's new government last fall with a request to revisit the controversial
Simon Lester 25 Jan 2016 2 min read

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International Economic Law and Policy Blog

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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

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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