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WTO Complaints About Discrimination Against Other Countries

Todd Tucker has been blogging about the recently circulated Argentina - Financial Services (DS453) panel report (see here, here, and here), based on a claim by Panama against Argentina, and he has some good general background and some exploration of the nuances. There's lots to talk about in
Simon Lester 02 Oct 2015 3 min read

Denying "Scandalous" Trademark Registrations

This is from the Strong Language blog, which bills itself as "A sweary blog about swearing" (in the excerpt below, I've deleted the controversial words from this family friendly blog!): Under the federal trademark statute, trademarks that are found to be “scandalous” can’t be registered
Simon Lester 30 Sep 2015 1 min read

The Pre-History of ISDS

This is the intro of a new article by history professor Ben Coates, in the Journal of American History: On July 28, 1904, the gunboat Bolívar arrived in Guanoco, in northeastern Venezuela. It carried a contingent of Venezuelan soldiers with instructions to seize the property of the New York and
Simon Lester 30 Sep 2015 1 min read

What Should Trade Negotiators Negotiate About?

Maybe trade negotiators could negotiate about this: State and municipal governments in the United States each year offer some $80 billion in tax breaks and other subsidies to encourage large companies to do what they would do regardless — invest in new plants, office space and equipment in the hopes of
Simon Lester 28 Sep 2015 2 min read

Call for Submissions: Trade, Law and Development

From the journal Trade, Law and Development: Call for Submissions Special Issue on Trade & Public Health Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain a constructive and democratic debate on emergent issues in international economic law and to serve as a
Simon Lester 28 Sep 2015 1 min read

More on the "Right to Regulate" in ISDS

Last week, I said that it wasn't clear to me how the "right to regulate" provision in the European Commission's proposed TTIP ISDS rules would function, or whether it would have any real impact.  Now I see that some people are worried it will
Simon Lester 25 Sep 2015 2 min read

Hillary Clinton Says No To Keystone XL

From NPR: Democratic presidential candidate Hillary Clinton has come out against the controversial Keystone XL oil pipeline. ... "I think it is imperative that we look at the Keystone XL pipeline as what I believe it is: a distraction from the important work we have to do to combat climate
Simon Lester 23 Sep 2015 1 min read

Trade Policy Professor Position

This position looks like it could be very appealing to some of you out there: The Lyndon B. Johnson School of Public Affairs at the University of Texas at Austin invites applicants to fill the newly endowed Victor Ramon Davila, Sr. Chair in International Trade Policy, beginning August 2016. The
Simon Lester 23 Sep 2015 1 min read

ISDS in the European Parliament

The European Parliament's trade committee is having a fascinating discussion right now on ISDS: http://www.europarl.europa.eu/ep-live/en/committees/video?event=20150921-1500-COMMITTEE-INTA  I'm watching live; hopefully an archived version will be available later. Someone raised a point about the "right to regulate&
Simon Lester 21 Sep 2015 1 min read

What Will the Commission's TTIP ISDS Proposal Do To a CETA Vote?

Now that the Commission has offered its reform proposal for ISDS in the TTIP, the politics of CETA get more interesting with regard to ISDS.  As I understand it, there is still some question about whether CETA needs only European parliamentary approval, or EU member state parliamentary approval as well,
Simon Lester 21 Sep 2015 1 min read

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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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