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Geneva Vacancy: Assistant Professor of International Law at the Graduate Institute

Looking for a young and dynamic colleague to join the Graduate Institute of International and Development Studies in Geneva.  International economic law is one of four possible fields of specialization.  Guess which field I am pushing for? This is a really unique opening for someone focused on international trade, investment,
Joost Pauwelyn 16 Dec 2014 1 min read

The NAFTA/TPP Relationship

A while back, I wondered what would happen to NAFTA Chapter 19 if the TPP comes into effect.  I can't imagine they would create a TPP equivalent.  But will it get phased out through the TPP, or will that part of the NAFTA be carried over? More significantly,
Simon Lester 15 Dec 2014 1 min read

The TTIP vs. the WTO on Regulatory Trade Barriers

I'm always hearing about how the TTIP is finally going to address those regulatory trade barriers we have been ignoring all these years.  In general, I'm a bit skeptical: Regulatory trade barriers have been on the agenda of trade negotiations since at least the late 1920s.
Simon Lester 15 Dec 2014 1 min read

The Sun Also Rises

Today’s NY Times article (“Solar Rises in Malaysia During Trade Wars Over Panels”) covers a recent solar panel manufacturing boom in Malaysia, due in no small part to the U.S. trade remedies against Chinese solar panels.  The Commerce Department is mulling imposing tariffs on all solar panels “assembled”
Sungjoon Cho 12 Dec 2014 1 min read

A Brief Update on the Mandatory/Discretionary Distinction

Just a quick reminder from the Appellate Body, buried in a footnote in Monday's U.S. - Carbon Steel (India) report, that it still hasn't told us what it thinks of the mandatory/discretionary distinction: 1144 We note that the Appellate Body has "not, as
Simon Lester 12 Dec 2014 1 min read

The End of Google's Reign in Spain?

From a blog post by Google: But sadly, as a result of a new Spanish law, we’ll shortly have to close Google News in Spain. Let me explain why. This new legislation requires every Spanish publication to charge services like Google News for showing even the smallest snippet from
Simon Lester 12 Dec 2014 1 min read

The Limits of WTO Dispute Settlement

Simon Evenett and Alejandro Jara have a piece at vox criticizing the "settlements" in U.S. - Cotton Subsidies and U.S. - Clove Cigarettes.  Here's an excerpt: During October 2014 two WTO disputes were settled in an extraordinary manner: In both cases the US largely
Simon Lester 10 Dec 2014 2 min read

Why Do WTO Complaints Fail?

As we all know, most WTO complaints are successful.  I've got the figures at about 90% for cases in which at least one violation is found. So what happens in those cases where the complaint did not succeed?  What are the various reasons that complaints fail? I can&
Simon Lester 08 Dec 2014 1 min read

Is the Obama Administration Doing Enough on Trade?

A criticism I hear a lot is that the Obama adminstration is not doing enough on trade, in particular in relation to domestic trade politics.  Not having worked in this area, I have trouble evaluating this argument.  How much are they actually doing?  How much should they be doing?  What
Simon Lester 04 Dec 2014 3 min read

More on DSU Article 3.10

By the way, if you want to read more about DSU Article 3.10, which played a key role in the Peru - Agricultural Products panel report Joost described yesterday, see this recent paper by Bregt Natens and Sidonie Descheemaeker: Say it Loud, Say it Clear — Article 3.10 DSU’
Simon Lester 04 Dec 2014 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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