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TISA and Privacy

The recent leak of a U.S. negotiating text related to TISA has caused some concern, in part due to its potential impact on EU data protection and privacy laws. The text can be found here, and is titled "Trade in Services Agreement TISA Proposal, New Provisions Applicable to
Simon Lester 18 Dec 2014 3 min read

The Pros and Cons of Dispute Settlement under FTAs: The First CAFTA Trade Panel (Costa Rica v. El Salvador)

With more and, especially, deeper FTAs in place, I predict an uptake in dispute settlement under FTAs. Parties may generally prefer to file their disputes before the WTO. But in some cases they simply have no choice.  The commitment can only be found in an FTA (it is so-called “WTO-plus”
Joost Pauwelyn 17 Dec 2014 3 min read

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

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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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