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A PhD in Trade, Investment, and IP

From the University of Aberdeen: Technology has a key role in addressing the contemporary challenges of society, from health to communications to energy. These are global issues, given the location of key natural resources in developing countries, and the nature of the markets for health, communication and energy.  Development and
Simon Lester 02 May 2014 1 min read

Alemanno study on TTIP for European Parliament

Those interested in regulatory convergence issues in TTIP might like to know about a newly published study commissioned by the European Parliament: Alberto Alemanno, 'The Transatlantic Trade and Investment Partnership and the parliamentary dimension of regulatory cooperation'. It is available here: /content/files/RegData/etudes/etudes/join/2014/
Lorand Bartels 02 May 2014 1 min read

Regional Trading Blocs or Fortresses?

In a likely response to the U.S.-led “Trans-Pacific Partnership (TPP),” China mulls the formation of an “Asia-Pacific Free Trade Agreement (FTAAP).”  China’s assistant commerce minister, Wang Shouwen, reportedly stated that a working group might be established to discuss the feasibility of the FTAAP.  Wang was quoted to
Sungjoon Cho 01 May 2014 1 min read

Investor State Conference at Cato

As this blog's readers are well aware, I've taken an interest in international investment law in the past few years, and am skeptical of the existing system. My Cato colleague Dan Ikenson has doubts as well.  But beyond our specific criticisms, we would really like to
Simon Lester 29 Apr 2014 2 min read

Is Investment Arbitration Going To Swallow WTO Dispute Settlement?

This is from Roger Alford at Opinio Juris: despite the assumption that international trade disputes must be resolved before the WTO DSB, the existence of broad umbrella clauses in BITs present a promising vehicle for enforcing investment commitments in trade agreements. ... umbrella clauses in BITs could create a private right
Simon Lester 27 Apr 2014 1 min read

Energy, Resources and Environmental Issues in International Law

From the The Canadian Council on International Law: Combustion: Energy, Resources and Environmental Issues Igniting International Law November 13-15, 2014 - Ottawa, Ontario The Canadian Council on International Law is pleased to announce its 43rd Annual Conference: "Combustion: Energy, Resources, and Environmental Issues Igniting International Law". Practitioners and
Simon Lester 27 Apr 2014 1 min read

To Boldly Go Where No “Yarn” Has Gone Before…

My apologies if the title of this post ever disappoints sci-fi fans, but certain cashmere yarns from all over the world have now had an opportunity to trek to South Korea, and eventually to the United States. A number of regional trading agreements (RTAs) contain the “yarn-forwarding” rule.  This rule
Sungjoon Cho 25 Apr 2014 1 min read

How Far Will Canada Go to Smear Anti-Seal Hunt Activists?

Canada's latest move has been to attack the singer Morrissey, claiming that he compared the seal hunt to Auschwitz.  However, what Mr. Morrissey actually said was different.  He merely used the example of concentration camps to illustrate the moral argument that if something is intrinsically evil the fact
Rob Howse 24 Apr 2014 1 min read

Misleading Journalism about the WTO Seals Dispute

An article appearing in Sun New service by Jessica Hume gives a very misleading impression of the Seals case.  http://bit.ly/1rmpx15  The article appears in the guise of an interview with Geneva-based attorney and former Canadian official Brendan McGivern.  Of course, I don't know what Brendan
Rob Howse 23 Apr 2014 2 min read

Extraterritoriality in U.S. Law

Here's an interesting Dormant Commerce Clause case that might come before the U.S. Supreme Court, as described by a Cato colleague of mine: One of the several failures of the Articles of Confederation was the incapacity of the central government to deal with trade disputes among the
Simon Lester 22 Apr 2014 2 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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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