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IELP Blog Emails

The technical problems on the blog just keep coming. After recently dealing with the RSS feed, I noticed that the emails with recent blog posts (for those of you who read the blog that way) weren't sending properly. I decided to give up on feedblitz as the sender
Simon Lester 26 Feb 2024 1 min read

The AfCFTA Digital Trade Protocol

The African Continental Free Trade Area (AfCFTA) governments have been working on the issue of international rules on digital trade. There was recently a leak of a draft Digital Trade Protocol to the AfCFTA Agreement (an earlier draft is here). In this post, I'm going to look at
Simon Lester 22 Feb 2024 4 min read

Guest Post: MC13: Is It the Last Chance To Save The WTO?

This is a guest post by several people from the Research Chair on New Challenges of Economic Globalization, Laval University, Quebec City, Canada: Antoine Comont, Ph.D. Researcher; Carla Gomez, Ph.D. Researcher; Van Anh Ly, Ph.D., Deputy Director of the Research Chair on New Challenges of Economic Globalization;
Simon Lester 21 Feb 2024 11 min read

Katherine Tai on Digital Trade

At a CFR event last week, U.S. Trade Rep. Katherine Tai said some things about digital trade. Normally for these things, I provide a quote and then react to it afterwards, but the quotes here are so long that I'm going to put my thoughts up front.
Simon Lester 20 Feb 2024 12 min read

WTO Dispute Settlement Reform Proposals on the Role of Precedent

The WTO has now posted a document with the DS reform text that will be discussed at the upcoming Ministerial Conference (see the Consolidated Text of a Ministerial Decision on Dispute Settlement in Annex 1 of the document). There's a lot in there, although nothing on appeal/review
Simon Lester 18 Feb 2024 3 min read

Two Reasons for a Two-Tier WTO Dispute Settlement System

As part of the WTO DS reform exercise, USTR officials have mentioned the importance of having WTO Members explain what they see as their interests in the system. In a recent communication to the WTO, Bangladesh, Egypt, India, Indonesia and South Africa have weighed in on their interest in a
Simon Lester 18 Feb 2024 2 min read

Katherine Tai on Tariffs (Again)

At a CFR event on Monday, U.S. Trade Rep. Katherine Tai said some things about tariffs. I know, I just did a blog post about Katherine Tai talking about tariffs! But she said some more things, and I have more to say in response. There were two sets of
Simon Lester 14 Feb 2024 8 min read

What Chinese Behavior is Outside the Scope of WTO Rules?

At a House Ways and Means Committee trade hearing last week, Congressman Adrian Smith (R-NE) said this: Many countries, especially China, ... engage in predatory, unfair, and anti-free market behavior outside the scope of the WTO rules. While the rules could of course be tightened, it's important to note
Simon Lester 14 Feb 2024 1 min read

Reinterpreting WTO Non-Discrimination Obligations

The excellent and interesting Villars Framework 2.0, which was recently released, expresses concern that "[j]udicial balancing tests may leave states uncertain as to which sustainability standards are permitted and which are not," and offers the following reform proposal related to PPM-based standards: This problem of uncertainty,
Simon Lester 13 Feb 2024 1 min read

Katherine Tai on China and Tariffs

I have one final post on U.S. Trade Rep. Katherine Tai's event at the University of Chicago last week, addressing issues related to China and tariffs. First up, there was this exchange about China: Q: Some people, even Trump haters, will give him some credit for beginning
Simon Lester 11 Feb 2024 3 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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Featured

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and AntitrustĀ held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part I

Thanks to Simon for kickstarting a debate on the prospect of bringing economic security provisions into trade agreements, and for allowing me to respond here.
26 Nov 2025 4 min read

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