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More on Trade and Tobacco

This time from the NYT editorial board: The United States is negotiating a trade agreement with 11 Pacific Rim countries right now. American officials have said they plan to include language in that pact, which could be finalized next year, to protect those nations from legal challenges by tobacco companies.
Simon Lester 16 Dec 2013 1 min read

More from the Comments: Ted Posner on Implementing Trade Facilitation in the US

From the comments on an earlier post, here's DC trade lawyer Ted Posner: This discussion of how the United States will approve the newly concluded TFA is quite interesting. From my quick perusal of the agreement, I expect that the USG view that no congressional action is required
Simon Lester 16 Dec 2013 2 min read

What Does the WCO Think of the WTO Trade Facilitation Agreement?

Rather than fighting a turf battle, they seem fine with it: The Dublin Resolution, which was issued at the conclusion of the Policy Commission meeting in Dublin, Ireland on 11 December 2013, welcomes the WTO Agreement On Trade Facilitation (the “Trade Facilitation Agreement”), as embodied in the Bali Package’s
Simon Lester 16 Dec 2013 1 min read

The "Trade and Tobacco" Conflict Would Be Easy To Fix

From a NY Times article today: Tobacco companies are pushing back against a worldwide rise in antismoking laws, using a little-noticed legal strategy to delay or block regulation. The industry is warning countries that their tobacco laws violate an expanding web of trade and investment treaties, raising the prospect of
Simon Lester 13 Dec 2013 2 min read

Question from the Comments about the New Trade Facilitation Agreement

Because it's difficult for readers to follow the comments section, I wanted to elevate this question from the comments to a post: Perhaps one of the lawyers at this blog, would elucidate what seems a tricky one: The TF involves in effect amendments or changes to, among others,
Simon Lester 12 Dec 2013 1 min read

Todd Tucker's Proposals for Investor-State Reform

This is from Todd Tucker, formerly of Global Trade Watch and now doing a PhD at Cambridge University: Right now, investment treaty arbitration is making few people happy. Investors take years to launch and litigate them, and, best case scenario, they get payment – usually far less than what they asked
Simon Lester 12 Dec 2013 1 min read

The New Dispute Settlement Report Formatting

Apologies for this rant, but the new format for heading numbering in WTO dispute settlement reports is getting to me.  Here's the problem, taking the EC - Seal Products panel report as an example.  Let's say you are on p. 144, and you come to this
Simon Lester 12 Dec 2013 1 min read

What if the Supreme Court Abolishes Software Patents?

From Tim Lee of the Washington Post: In a trio of Supreme Court decisions between 1972 and 1981, the court held that mathematical algorithms were not eligible for patent protection. Since computer software is little more than mathematical algorithms encoded in machine-readable form, most of the software industry assumed this
Simon Lester 10 Dec 2013 2 min read

More TPP Leaks

Here's a fascinating, if somewhat confusing, leaked document related to the TPP: /content/files/1296_001.pdf It purports to be a breakdown of country negotiating positions on all the TPP issues.  But what are all these issues?  What is the "organics annex" of the TBT
Simon Lester 10 Dec 2013 1 min read

Energy Charter Secretariat Job

The Energy Charter Secretariat invites applications for the position of Trade Expert. The Expert will deal with energy trade falling under the scope of the Energy Charter Treaty and its Trade Amendment as well as the trade-related policy recommendations of the Energy Charter Conference. In particular, The Expert will work
Simon Lester 10 Dec 2013 1 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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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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