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Swiss Neutrality in WTO Disputes

While I was hanging out at the ELSA WTO Moot Court All-American regional round at AU law school yesterday, a DC trade lawyer said something interesting: Switzerland almost never participates in WTO disputes, even as a third party.  That sounded familiar, but I thought I'd look up the
Simon Lester 07 Mar 2014 1 min read

An Investment Framework Agreement

Gary Hufbauer and Sherry Stephenson propose the following mutilateral investment agreement: ... Following its achievements at the 9th Ministerial Conference in Bali, Indonesia, the World Trade Organization (WTO) should launch negotiations to draft a 21st century Investment Framework Agreement (IFA). ... The IFA should start life as a plurilateral agreement. While the
Simon Lester 07 Mar 2014 2 min read

BP's Treatment in U.S. Court

From the Washington Post: After a blowout at its Macondo exploration well killed 11 workers, set fire to the Deepwater Horizon oil rig and triggered a massive oil spill in the Gulf of Mexico, a contrite BP vowed to “make things right” and set aside $42.5 billion to do
Simon Lester 04 Mar 2014 1 min read

Plain Packaging AND China

In recent years, two of the hottest trade issues have been plain packaging of cigarettes, and trade with China. What if we could combine the two? This is from the Economist: Planners have consolidated the once-fragmented [Chinese tobacco] industry. In the decade to 2010, 185 cigarette firms and 1,800
Simon Lester 04 Mar 2014 1 min read

Sanctions on Russia

From the Washington Post editorial board: The most powerful non-military tool the United States possesses is exclusion from its banking system. Mr. Obama should make clear that if Russia does not retreat from Ukraine, it will expose itself to this sanction, which could sink its financial system. Russia’s economy,
Simon Lester 03 Mar 2014 1 min read

Paul Krugman on IP in the TPP

He is skeptical: What the T.P.P. would do ... is increase the ability of certain corporations to assert control over intellectual property. Again, think drug patents and movie rights. Is this a good thing from a global point of view? Doubtful. The kind of property rights we’re talking
Simon Lester 03 Mar 2014 1 min read

Choosing an Appellate Body Member is Becoming Difficult

From the WTO: The Chair of the DSB updated WTO members on the process for replacing the Appellate Body member David Unterhalter (South Africa) who ended his second four-year term in December last year. The DSB took note of the communication by the Selection Committee informing WTO members that the
Simon Lester 27 Feb 2014 1 min read

TBT Negotiating History and the Boundaries of International Economic Law

I have a short article in the latest issue of the JIEL (subscribers only), in which I talk about the negotiations on TBT issues in the GATT era, and the implications for the scope of international economic law.  Here's a bit from the conclusion: Whether or not it
Simon Lester 27 Feb 2014 1 min read

More on the Supreme Court and Software Patents

This is from Tim Lee of the Washington Post: This spring, the Supreme Court will weigh in on the patentability of software for the first time in a generation. In the 1970s, the high court placed strict rules on software-related patents. But since then, a lower court has effectively overruled
Simon Lester 27 Feb 2014 1 min read

The EU Tobacco Products Directive: More Trade and Investment Litigation Coming?

From the NY Times: The regulation of e-cigarettes in Europe is part of a broader overhaul of the region’s tobacco rules, which have been in place since 2001. The rules adopted on Wednesday go further than United States laws. Along with the e-cigarette changes, they will require that the
Simon Lester 27 Feb 2014 1 min read

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International Economic Law and Policy Blog

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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