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Shaping the Pacific Alliance

Readers may be interested in a new blog, Shaping the Pacific Alliance, which aims to contribute to discussion about the Pacific Alliance, an integration scheme comprising Chile, Colombia, Mexico and Peru. The blog provides a platform for governmental and intergovernmental communities to engage with civil society, academics and industry in
Tania Voon 12 Aug 2015 1 min read

How Strong is TransCanada's NAFTA Chapter 11 Case?

A couple months ago, I mentioned the possibility of a NAFTA Chapter 11 claim by TransCanada related to the failure to approve the Keystone XL pipeline. I'm not sure why this issue suddenly made headlines again the other day, but here is something from Bloomberg: A two-decade
Simon Lester 10 Aug 2015 4 min read

Why Obama Has Already Delivered on Iran-a Response to Alan Dershowitz

Relatively few well-known legal academics have waded into the debate over the Iran deal.  Alan Dershowitz is a notable exception. He has published an e-book against the deal, for one thing.  Here, I'm not responding to that but instead his recent oped in USA today http:
Rob Howse 10 Aug 2015 3 min read

Why Congress Can't Block the Iran Deal

Even if there are enough votes to override President Obama's veto of the Congressional resolution disapproving the Iran deal, Congress's disapproval may mean little in terms of the future of the deal.  While contrary to the conventional wisdom, including that of many US supporters of the
Rob Howse 08 Aug 2015 3 min read

Senator Charles Schumer: Incoherence and Confusion on Iran

New York Senator Charles Schumer has taken a stance against the Iran deal. https://medium.com/@SenSchumer/my-position-on-the-iran-deal-e976b2f13478 Predictable some will say; disappointing, others will moan.  But Schumer's statement defending his position is a must-read.  Schumer says that his overall judgment
Rob Howse 06 Aug 2015 2 min read

Peru--Agricultural Products: WTO versus RTAs (and other non-WTO international law)

In addition to the AB's findings on interpretation in this case, discussed by Adarsh Ramanujan, it seems to me that para 5.112 of the AB decision (quoted below) is also very important, stating that the amendment and waiver provisions of the WTO are lex specialis, prevailing over
Trachtman 04 Aug 2015 1 min read

Guest Post on Peru - Agricultural Products

This is a guest post from trade lawyer Adarsh Ramanujan:Comments on Article 31 of the Vienna Convention The AB Report in DS457: Peru –Agricultural Products (adopted on July 31) had some very interesting points on Article 31 of the Vienna Convention, in particular, sub-paragraphs (a) and (c), and
Simon Lester 04 Aug 2015 7 min read

Can Section 337 Be Used to Block Digital Imports?

From the WSJ: A U.S. appeals court this month will consider whether federal tariff law gives the International Trade Commission the power to order a halt to foreign digital transmissions into the U.S. when those communications infringe U.S. intellectual property. Traditionally, the ITC has intervened only to
Simon Lester 03 Aug 2015 1 min read

Maui Post-Mortem

As everyone has probably heard by now, negotiators could not reach a TPP deal in Maui.  Here's a roundup of some commentary: Washington Post: High-level talks to forge a ­12-nation trade deal spanning the Pacific broke up Friday without resolving contentious disputes over Canadian dairy tariffs,
Simon Lester 01 Aug 2015 2 min read

Appellate Body Secretariat Job

There's a job opening in the Appellate Body Secretariat. These don't come along too often, so take advantage of the opportunity! Vacancy Notice No.: EXT/F/15-36    Title: Dispute Settlement Lawyer    Grade: 9    Contract Type: Fixed-term    Starting Salary: CHF 134,940 net per annum
Simon Lester 31 Jul 2015 4 min read

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International Economic Law and Policy Blog

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A law of many meanings: Exchange Actions under the GATT and IMF

Earlier this week, Simon Lester posted about the EU’s concerns with the undervaluation of the Chinese currency. He situated the recent demands for trade restrictions against a longstanding debate about the function of GATT Article XV:4.
25 Jun 2026 7 min read

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

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