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PEPA/SIEL Call for Papers

From PEPA/SIEL: 5th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL) 2016 Luxembourg, 14-15 April 2016 Organised by PEPA/SIEL in collaboration with the Research Unit in Law of the University of Luxembourg SIEL’s Postgraduate and Early Professionals/
Simon Lester 12 Nov 2015 1 min read

Passing of John Jackson

This is from Peter Van den Bossche: The passing of John Jackson leaves us with a feeling of tremendous loss. So many of us owe John so much! He was our teacher, mentor, inspirator, colleague and friend and never ceased to encourage, support and advise us throughout our career. We
Simon Lester 09 Nov 2015 1 min read

Passing of John Jackson

The sad news today that Professor John Jackson has passed brings back memories of all of his scholarly and professional contributions to international trade law, to the GATT, to the WTO, and to trade scholars and practitioners.  I very much cherished his friendship and have missed him in the past
Charnovitz 08 Nov 2015 1 min read

The Keystone XL Rejection

On Friday, President Obama announced the rejection of Canadian company TransCanada's application to build the Keystone XL pipeline.  He offered a brief explanation here. I'm puzzled by his explanation.  The first reason he gave is that the pipeline would not have created as many jobs as
Simon Lester 08 Nov 2015 2 min read

NAFTA vs. TPP ISDS

Following up on my post from last week, just to clarify, I didn't meant to suggest there is a conflict between NAFTA ISDS and TPP ISDS. I wasn't thinking about conflicts at all. (Although I also don't mean to suggest there is no conflict.
Simon Lester 08 Nov 2015 1 min read

Trade Damages vs. Investment Damages in TPP ISDS

This is from Ted Posner, who left it as a comment, but I'm putting it in a separate post: My comment concerns the relationship between "investment damages" and "trade damages." Take a look at article 9.28.2 of the newly released TPP text.
Simon Lester 08 Nov 2015 1 min read

Antidumping in the TPP

This is from trade lawyer Luiz Eduardo  Salles: The TPP text has been made public. The text is yet subject to legal scrubbing by the signatories, but this version should be nearly identical to the finally authenticated text. There is great excitement with the TPP given the potentially novel disciplines
Simon Lester 08 Nov 2015 1 min read

NAFTA ISDS and TPP ISDS

One issue I've been wondering about for a while is how TPP ISDS will interact with NAFTA ISDS (and ISDS in other FTAs between the TPP parties).  For example, if a Canadian investor in the U.S. wants to bring an investment claim, what would its options be
Simon Lester 05 Nov 2015 1 min read

The TPP Drafter’s Note on Interpretation of “In Like Circumstances”

The TPP "Drafter’s Note on Interpretation of 'In Like Circumstances'" is here. In paragraph 2, it says:  "Articles II.4 [NT] and II.5 [MFN] do not prohibit all measures that result in differential treatment. Rather, they seek to ensure that foreign investors or
Simon Lester 05 Nov 2015 1 min read

The TPP Minimum Wage Provision

Here's another obscure TPP issue I've been following: Will there be a requirement that TPP countries adopt a minimum wage? Article 19.3 of the labor chapter says the following: 2. Each Party shall adopt and maintain statutes and regulations, and practices thereunder, governing acceptable conditions
Simon Lester 05 Nov 2015 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

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

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