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A Love Letter to the TPP

This blog post from the U.S. Chamber of Commerce is -- how shall I describe it? -- quite something to behold: Roses are red Violets are blue I love the TPP And so should you Dearest Trans-Pacific Partnership Agreement, I can’t stop thinking about how great we’d be
Simon Lester 20 Feb 2015 1 min read

Jeb Bush Revives the FTAA

In a foreign policy address today, likely presidential candidate Jeb Bush said (at 38:05) that "the focus [of US policy towards Latin America] ultimately needs to get back to a Free Trade Agreement of the Americas." Of course, that idea failed once before, but could a new
Simon Lester 18 Feb 2015 1 min read

Bernard O'Connor on Constructing Normal Value

This is the abstract from a paper by trade lawyer Bernard O'Connor: Constructing Normal Value in WTO Anti-Dumping Law. Giving meaning to the phrase open, market-oriented policies in the preamble to the Marrakesh Declaration This paper looks at the construction of normal value in WTO anti-
Simon Lester 18 Feb 2015 1 min read

IS “QUANTITATIVE EASING” EQUIVALENT TO EXCHANGE RATE MANIPULATION?

In the context of the present fast track negotiations, a recent article in the New York Times points out the following aspect: The Obama administration fears that prohibitions on currency intervention could boomerang on Washington, allowing trading partners to challenge policies of the Federal Reserve Board. In the implicit view
Marc Benitah 17 Feb 2015 2 min read

The Scope of Interim Review

I enjoyed this passage from the China - HP-SSST WTO panel report circulated on Friday: 6.24. Japan suggests that the Panel's analysis of the use of the indefinite article "a" preceding "like product" in the second sentence of Article 3.2 is "
Simon Lester 16 Feb 2015 1 min read

John Oliver on Tobacco Regulation and IEL

Here's John Oliver on his show last night, giving his take on the tobacco litigation going on right now in international economic law: He didn't get into the interpretive issues related to overlap/conflict between the WTO and the FCTC, which I talk about in the
Simon Lester 16 Feb 2015 1 min read

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
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
Simon Lester 10 Feb 2015 2 min read

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Featured

What Does the Blue Wave Mean for U.S. Trade Policy?

Tariffs and trade policy were one element that played a role in last night's result. So what impact will Democratic control of Congress have on the administration's trade policy going forward?
04 Nov 2026 4 min read

A Proposal To Expand Judicial Review over Section 232 and 301 Tariffs

For many people in Washington these days, having U.S. trade actions judged by international tribunals on their consistency with trade agreements is controversial. But what if that judgment of consistency could be done by US courts instead?
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What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
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Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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