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The Deal on Greek Debt:Political Gamechanger for Europe,Tactical Retreat (not Surrender) by Tsipras

The conventional wisdom, delivered before anyone could really ponder the fine print of the Greek debt deal, is that Tsipras surrendered to the creditors in a humiliating defeat.  His referendum and prior tenacity in negotiations proved futile,according to the predominant account that has emerged in the media and the
Rob Howse 13 Jul 2015 6 min read

Non-Violation and TRIPS (and GATT and GATS)

This is from a submission by a number of WTO Members who are skeptical of allowing non-violation and situation complaints -- through the removal of the current moratorium on those complaints -- under the TRIPS Agreement: Non-violation and situation complaints are unnecessary to protect any balance of rights and obligations
Simon Lester 13 Jul 2015 2 min read

Some IP Protections Probably Go Too Far

This is from Fredrik Erixon of Brussels think tank ECIPE: Thirdly, it is difficult to find economic justifications to put copyright concerns in the top league of priorities. Copyrights are already much longer than is economically motivated. There is not an efficient system for global registration and transfers of copyrights;
Simon Lester 13 Jul 2015 1 min read

WHEN THE APPELLATE BODY REFORMULATES WITHOUT JUSTIFICATION A CANON OF INTERPRETATION: CONSEQUENCES FOR CHINA'S EXCHANGE RATE LEGAL STATUS

The canon of interpretation ejusdem generis states that where a listing of particular persons or things is FOLLOWED by a general term, the general term must refer to the same kinds of persons or things previously listed. In other words, the general term is limited by things ejusdem generis -
Marc Benitah 12 Jul 2015 2 min read

The TPP and Jobs

I wish there were a lot less talk of the TPP leading to massive job losses or job gains, and instead people said more sensible things like this, from Ted Moran: But economists are taught—as a matter of theory—that trade agreements cannot be expected to create a greater
Simon Lester 10 Jul 2015 1 min read

More from the Productivity Commission on ISDS

We discussed what Australia's Productivity Commission thought of ISDS back here.  Now they have something more to say, but I couldn't do anywhere near as good a job explaining it as Esme Shirlow did over at the Kluwer Arbitration Blog.  Here's an excerpt, but
Simon Lester 10 Jul 2015 1 min read

Piketty, Globalization, and the Inequality Puzzle inside the Higher Income Bracket.

In his book, Capital in the Twenty-First Century, Thomas Piketty establishes a fact that many people have not suspected. Whereas many suspected the confirmed fact that a gap has opened up after the seventies between the top 10 percent and average income earners, many did not suspect that the gap
Marc Benitah 08 Jul 2015 2 min read

Is ISDS Private or Public?

I've always assumed that when you have an international investment treaty, which sets out obligations that states have to follow (and are subject to legal claims when they do not), this is public international law.  That is the case even if the "judges" hearing the claim
Simon Lester 07 Jul 2015 2 min read

A Few Thoughts on the TPP

People keep asking me what I think of the TPP.  Given that, aside from a few leaks, I haven't seen the text, I'm a little unsure how to answer.  It kind of depends what's in it.  Nonetheless, I offered some preliminary thoughts here.  An
Simon Lester 05 Jul 2015 1 min read

Two New WTO Law Books

I wanted to mention two new books on WTO law.  The first I've been reading; the second is in the mail and I'll read it soon. The one I've been reading is A History of Law and Lawyers in the GATT/WTO: The Development
Simon Lester 05 Jul 2015 2 min read

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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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