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A DSB for ISDS?

I don't read absolutely everything there is to read on ISDS, so maybe this proposal from U.S. Rep. Sander Levin is out there already and has been dicussed to death, but it was new to me: TPP should include several new provisions to protect the rights of
Simon Lester 22 Jan 2015 1 min read

Is There An International Economic Law "Super-Legislature"?

This is from University of Chicago law prof Brian Leiter: I propose to defend and explore three claims in this lecture. First, there is very little actual “law” in federal constitutional law in the United States, especially with respect to cases that end up at the U.S. Supreme Court:
Simon Lester 21 Jan 2015 1 min read

The CAFTA Labor Panel's Procedural Ruling

The CAFTA panel set up to hear the U.S. complaint regarding Guatemala's enforcement of its labor laws has issued a procedural ruling.  The basic question was, "how the panel should address, as a matter of procedure, a request by Guatemala for a preliminary ruling"?  Guatemala
Simon Lester 19 Jan 2015 1 min read

Banning GMOs for Cultural (or Moral) Reasons

Yesterday (January 13), the European Parliament passed a legislative resolution regarding the “possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory.”  The gist of this legislation is that the EU member states may ban GMOs for non-scientific (such as cultural
Sungjoon Cho 14 Jan 2015 1 min read

The EU Report on ISDS Public Consultations

The European Commission issued its report today on the public consultations it carried out on ISDS.  (A fact sheet is here; press release is here). Commissioner Malmström held a press conference, but there didn't seem to be much interest.  (I think you can watch it here).  Only two
Simon Lester 13 Jan 2015 1 min read

The Role of DSU Article 11 in WTO Appeals

A few months ago, in its China - Rare Earths report, the Appellate Body said this: 5.227 ... an Article 11 claim must be clearly articulated and substantiated with specific arguments, including an explanation of why the alleged error has a bearing on the objectivity of the panel's
Simon Lester 09 Jan 2015 1 min read

Panel on Reshaping the Investor-State Dispute Settlement System

Here are some details on an upcoming event on ISDS here in DC: The Wilson Center will host a panel to examine practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has
Simon Lester 09 Jan 2015 1 min read

Call for Submissions: Utrecht Journal of International and European Law

The Utrecht Journal of International and European Law has issued a call for submissions for its 81st edition on "General Issues in International and European Law." The call is here, and says in part: The Utrecht Journal of International and European Law is issuing a Call for Papers
Simon Lester 09 Jan 2015 1 min read

Transparency in the TTIP

The EU is pushing transparency in the TTIP, and has now posted online some negotiating documents: http://trade.ec.europa.eu/doclib/press/index.cfm?id=1230 In my view, this is a positive development. There are some things you need to keep secret as part of a negotiation, but
Simon Lester 07 Jan 2015 1 min read

What’s in a Name?: Black Forest Ham and Cornish Pastry

Christian Schmidt, the German agriculture minister, reportedly said that "if we want to take advantage of the opportunities of free trade with the huge American market, we can no longer have every type of sausage and cheese each protected as a speciality."  Well, I doubt that most European
Sungjoon Cho 06 Jan 2015 1 min read

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International Economic Law and Policy Blog

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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