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SIEL Essay Prize

The 2013 SIEL essay prize competition is now open: The competition is open to all current undergraduate and graduate students of any university or other tertiary education institution, and those who have graduated from a university or other tertiary education institution no earlier than five years before the submission deadline
Simon Lester 13 Aug 2013 1 min read

Can the USTR Deny Samsung an Exclusion Order Under Section 337?

Michael Froman recently exercised his discretion to overrule the International Trade Commission's determination to exclude from importation certain Apple products found to infringe Samsung patents.  It is reported to be the first time since 1987 that a 337 order has been overruled.  Thus, it is the first time
Trachtman 10 Aug 2013 1 min read

Transparency in Investment Arbitrations

From a dissenting opinion on the issue of document confidentiality in the Telefonica v. Mexico ICSID case: 3. The majority's decision establishes, de facto, a presumption of confidentiality by prohibiting Parties from disclosing: (i) the records or minutes of the hearings; (ii) the documents submitted by the Parties
Simon Lester 09 Aug 2013 2 min read

The Impact of the Sequester on U.S. Trade Policy

Two recent items of note on this topic: 1. From the NY Times, the effect of a smaller budget for USTR: The Office of the United States Trade Representative has been waging a lonely battle for its budget, which shrank 7 percent to $47 million this year because of sequestration
Simon Lester 08 Aug 2013 2 min read

De Jure vs. De Facto Discrimination under TBT Article 2.1

From the EU response to the Seal Products panel's second set of questions: Question 142 (European Union) Please elaborate on the basis for your position regarding de jure and de facto discrimination claims under the GATT 1994 as described in paragraph 79 of the European Union's
Simon Lester 05 Aug 2013 1 min read

Product Characteristics and PPMs

From the EU response to the Seal Products panel's second set of questions: Question 127 (All parties) Is the scope of "product characteristics or their related processes and production methods" in TBT Annex 1:1 limited to physical qualities, whether intrinsic or extrinsic, of a product?
Simon Lester 05 Aug 2013 3 min read

Extraterritoriality in the Seal Products Dispute

From the EU response to the Seal Products panel's second set of questions: Question 108 (European Union) Canada argues that, in examining the existence of specific public morals, "it is relevant whether the conduct arises outside or within the jurisdiction or territory of the Member whose measure
Simon Lester 02 Aug 2013 3 min read

The Welfare of Seals versus the Welfare of Other Animals

From the EU response to the Seal Products panel's second set of questions: Question 105 (All parties) The parties have referred to animal welfare outcomes in the killing of other wild animals as well as animals in commercial slaughterhouses in these proceedings. Please explain their factual and legal
Simon Lester 02 Aug 2013 1 min read

Evidence of Public Morals

From the EU response to the Seal Products panel's first set of questions: Question 48 (All parties) What kind of evidence is necessary to establish the existence of "public morals" under Article XX(a) of the GATT 1994? Does it differ depending on the type of
Simon Lester 02 Aug 2013 2 min read

What Aspect of the Measure Must be Necessary under the GATT Article XX Exceptions?

From the EU response to the Seal Products panel's first set of questions: Question 43 (All parties) What aspects of the EU Seal Regime should be examined for the necessity test under Article XX(a) and XX(b) of the GATT 1994? Explain your position in light of
Simon Lester 01 Aug 2013 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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USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

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

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