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Interim Review: Get Rid of It, or Expand It?

I recall many years ago conversations about how interim review in the WTO panel process was a waste of time, and we should get rid of it.  It had been proposed as a way to improve the quality of panel reports, but appellate review served that same purpose, so there
Simon Lester 12 Feb 2015 3 min read

A Short Treatise on International Trade Law

International trade law covers so much these days that it's hard to write a treatise or casebook on it in less than 1,000 pages.  Trust me on this, or give it a try yourself. Law prof Michael Trebilcock has just given it a try, with some success.
Simon Lester 12 Feb 2015 1 min read

Mega-Regionals and Developing Countries

It turns out that when you have trade negotiations with only a select group of countries, other countries are left out.  Often, those who are left out are developing countries.  What's the impact of having "mega-regional" trade talks that exclude most developing countries?  Some people are
Simon Lester 12 Feb 2015 2 min read

Investor-State Tribunals as Courts of Appeal

This is from Canada's counter-memorial submission in the Eli Lilly NAFTA Chapter 11 case: 213. First, Article 1105(1) requires the NAFTA Parties to accord to investors and their investments the customary international law minimum standard of treatment of aliens. That standard, as has been overwhelmingly affirmed in
Simon Lester 10 Feb 2015 2 min read

Trade in Everything: Medical Marijuana Without the High

Even though marijuana has been legalized here and there, it may be a while before it is traded internationally.  But what if there is a new kind of marijuana, one that relieves pain without the high?  This is from the Washington Post: In a greenhouse in the mountains of the
Simon Lester 10 Feb 2015 1 min read

Implementing the Seal Products Decision

The European Commission has put forward a proposal for implementing the WTO Seal Products decision. Here's the Commission's summary of the proposal: With regard to the MRM exception, the contested discriminatory treatment can only be remedied by removing the MRM exception from the Basic Regulation as
Simon Lester 08 Feb 2015 2 min read

The CAFTA Labor Complaint: "in a manner affecting trade between the Parties”

As discussed here, one key issue in the U.S. claim against Guatemala under the CAFTA labor provisions is whether that failure to enforce labor laws was done "in a manner affecting trade between the Parties."  In its written submission, Guatemala criticizes the U.S. view of this
Simon Lester 05 Feb 2015 2 min read

The CAFTA Labor Dispute: Guatemala's Submission

USTR has posted Guatemala's first written submission in the labor complaint the U.S. brought against Guatemala. (Thanks to Ryan Rainey of Inside US Trade for the tip).  There are some interesting issues in there.  I'll mention a couple. Role of precedent from other areas of
Simon Lester 04 Feb 2015 3 min read

Call for Papers: Sociological Inquiries into International Law II (Toronto, 9-10 October 2015)

Call for Papers Sociological Inquiries into International Law II 9-10 October 2015 Workshop Theme A growing community of scholars is bringing international law into conversation with sociological research and theory. Major developments over the past years have come from studies across all subfields of international law, from human rights and
Sungjoon Cho 04 Feb 2015 3 min read

Is International Law under Assault?

Over at Opinio Juris, there's a post about a new book by Jens David Ohlin, called The Assault on International Law. Here's the publisher's description: International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it?
Simon Lester 02 Feb 2015 4 min read

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International Economic Law and Policy Blog

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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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