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Outsourcing Investment Treaty Interpretation from the WTO Jurisprudence

Our co-blogger Bryan Mercurio published an excellent policy brief at the World Health Organization (WHO) Bulletin. (“International investment agreements and public health: neutralizing a threat through treaty drafting”) This is his conclusion: “International investment agreements need not pose a threat to legitimate health measures. The addition of limitation clauses such
Sungjoon Cho 10 Jul 2014 1 min read

What about FET and Indirect Expropriation?

Last week, Andrew posted about the possibility of an exception to investment obligations, as part of the TTIP.  I'm interested to see where exceptions of this sort can take us in terms of preserving policy space, but I think we should also consider the obligations themselves as part
Simon Lester 09 Jul 2014 2 min read

The Realm of Transparency under GATT Article X:2

GATT Article X:2 provides that: 2. No measure of general application taken by any contracting party effecting an advance in a rate of duty or other charge on imports under an established and uniform practice, or imposing a new or more burdensome requirement, restriction or prohibition on imports, or
Sungjoon Cho 07 Jul 2014 3 min read

Launching the WTO Plurilateral Green Goods Negotiations Next Week

Early next week, plurilateral negotiations on liberalization of trade in green goods will be launched at the WTO.  The negotiations are based on an agreement between a sub-set of WTO Members that was announced at Davos, and represent a new beginning for the treatment of environmental goods and services at
Rob Howse 05 Jul 2014 2 min read

Soaring Prices and Access to Vaccines: A New Mission for WTO TRIPS flexibilities?

A must-read article that appeared in the New York Times a couple of days ago nyti.ms/1t8ugtz details the soaring cost of vaccines and the potentially disastrous public health consequences (some of which are already being felt).   This seems an ideal case for compulsory licensing.  I would note that
Rob Howse 05 Jul 2014 2 min read

TTIP and Article XX

Simon has noted on the blog before the increasing interest in including an Article XX-type exception in investment agreements, as a way of helping to resolve some of the regulatory issues raised by, eg, the FET and expropriation obligations. Indeed, many of you will have seen that Article XX is
Andrew Lang 02 Jul 2014 4 min read

WorldTradeLaw.net

Many of you have probably noticed a new WorldTradeLaw.net web site.  Some aspects of the site are free for everyone, so I thought I'd mention one particular issue here on this blog:  How to link to PDF versions of WTO DS documents on the site. On the
Simon Lester 30 Jun 2014 1 min read

Regulatory Cooperation Needs the Cooperation of the Regulators

This is from Inside U.S. Trade ($): Representatives of two U.S. regulatory agencies yesterday (June 24) expressed varying degrees of skepticism toward the idea of expanded regulatory cooperation with the European Union under a U.S.-EU trade deal, and raised fears that an agreement could slow down their
Simon Lester 30 Jun 2014 2 min read

The Bali Deal on Food Security-Binding and Legally Secure (contra Christian Haeberli)

This morning in Florence I presented a very rough version of a paper I'm working on about food security post-Bali.  As followers of this site will recall, thanks to India holding firm, the interim solution on food security contains a peace clause that precludes dispute settlement complaints concerning
Rob Howse 27 Jun 2014 2 min read

Two Good ISDS Pieces

There are two new pieces on ISDS that are very good, one from UNCTAD and one from ECIPE.  Both have lots of good data on ISDS cases.  I'll let the data speak for itself, but I wanted to comment on the ECIPE piece, which is authored by Roderick
Simon Lester 25 Jun 2014 3 min read

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International Economic Law and Policy Blog

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Tracking Goods Exports under the Trump Administration's Trade Policies

My sense is that one of the reasons some traditionally pro-trade members of Congress have continued to support Trump's trade policies, despite misgivings they may have about tariffs, is because they hope these policies will pry open foreign markets, leading to increased US exports.
07 May 2026 8 min read

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

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