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Hillary Clinton, the TPP, and the Democratic Debate

Last Wednesday, we all heard Hillary Clinton announce her opposition to -- or at least her deep skepticism about -- the TPP.  That triggered many accusations of flip-flopping, as she had previously supported it.  Now this Tuesday, CNN will be hosting the first Democratic debate, where she will no doubt
Simon Lester 11 Oct 2015 2 min read

The 10th Annual Academy of WTO Law & Policy

The 10th Annual Academy of WTO Law & Policy will be held at Georgetown Law Center, November 16-20, 2015. Here's an overview: The Academy is an intensive professional development program on the law and policy of the World Trade Organization (WTO).  It examines the legal obligations and policy
Simon Lester 11 Oct 2015 1 min read

Hillary Clinton Is Against TPP

At least based on what she has heard about it so far.  From Vox: In a major blow to President Obama's trade agenda, Democratic presidential frontrunner Hillary Clinton has come out against the Trans-Pacific Partnership. In an interview with PBS's Judy Woodruff, Clinton stressed that she
Simon Lester 08 Oct 2015 1 min read

More on the Tobacco Carveout

When it became clear there would be a tobacco carveout from TPP ISDS, I rushed out this critique: I'd be happy to carve ISDS out of trade agreements (or just apply the tobacco carveout proposal to all measures!), but I can't understand why tobacco would be
Simon Lester 08 Oct 2015 2 min read

The Tobacco Carveout and NAFTA Chapter 11

The tobacco carveout for TPP ISDS leads me to another question that has been bothering me: What happens to NAFTA Chapter 11 after TPP?  (Same question applies to other U.S. FTAs that have investment chapters with ISDS.)  Does TPP ISDS supersede NAFTA Chapter 11 entirely, so that any future
Simon Lester 07 Oct 2015 1 min read

Are E-Cigarettes a Tobacco Product?

In the last post, I wondered why the TPP tobacco carveout from ISDS would let e-cigarettes off the hook.  But maybe it won't.  Somebody pointed out to me that nicotine is usually extracted from tobacco, and that the language of the carveout may actually be broad enough to
Simon Lester 07 Oct 2015 1 min read

The Tobacco Carveout: What About E-Cigarettes?

Here's another paragraph from the Inside US Trade article on the tobacco ISDS carveout that I mentioned the other day: The U.S. has proposed to define a tobacco control measure as one relating to the production or consumption of manufactured tobacco products, their distribution, labeling, packaging, wrapping,
Simon Lester 05 Oct 2015 1 min read

The TPP Is Done! Almost!

From the NY Times: The United States and 11 other Pacific Rim nations on Monday agreed to the largest regional trade accord in history, a potentially precedent-setting model for global commerce and worker standards that would tie together 40 percent of the world’s economy, from Canada and Chile to
Simon Lester 05 Oct 2015 1 min read

Stiglitz on TPP--Does He Have any Economic Arguments?

At Project Syndicate, Joseph Stiglitz and Adam Hersh have a critique of TPP.  I suppose it was optimistic of me to expect to see concerns about lost jobs or trade diversion--topics that could be illuminated by someone with Stiglitz' enormous skill.  But the critiques were more in the realm
Trachtman 04 Oct 2015 1 min read

Here's Why Trade Law Interpretation Is So Hard and "Gap-Filling" Is Inevitable

From Inside US Trade: The United States and Australia have jointly developed a text proposal on the exclusivity term for biologics medicines and overnight began showing it to other Trans-Pacific Partnership (TPP) countries in an effort to build support, in a move that is raising optimism that negotiators can reach
Simon Lester 04 Oct 2015 1 min read

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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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