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A Developing Country Defends Investor-State

It's not just rich countries who defend investor-state.  This is from the Malaysian Ministry of International Trade and Industry, in the context of the TPP: I. Investor – State Dispute Settlement (ISDS) and Sovereignty  * On the issue of ISDS, foreign investors are drawn to Malaysia not only by economic
Simon Lester 25 Jun 2013 1 min read

Maybe We Should Discriminate with Patents Based on Field of Technology

A couple months ago, I quoted Article 27.1 of the TRIPS Agreement, and then asked: Why shouldn't countries discriminate in relation to patents based on the field of technology?  Aren't some patents more valuable to society than others?  Aren't patents for pharmaceuticals more
Simon Lester 24 Jun 2013 1 min read

Who Was the Real Loser in the FIT Case?

I'm a little fuzzy on the details, but seems like maybe it was Samsung. This is from Wind Power Monthly: The green energy deal between Ontario and the South Korean  manufacturer was signed in 2010 but has been subject to a number of  revisions since. The contract has
Simon Lester 24 Jun 2013 1 min read

What is "Market Access"?

There are a number of terms in the trade field that bug me because of their lack of clarity.  Different people use terms in different ways, and that makes for an ambiguous public discussion of the issues.  One example of this problem is the term "market access." The
Simon Lester 18 Jun 2013 4 min read

More on Consumer Opinion on COOL

By the way, it turns out some blog comments are being sent to a "comment spam" folder. My apologies if that has happened to you.  A comment I just discovered mentions a 2012 study about consumer opinion on mandatory country of origin labeling, a summary of which is
Simon Lester 18 Jun 2013 1 min read

Trade in Ship Recycling

I feel like there's a trade complaint in here somewhere, but I'm not sure exactly what it is (it probably involves looking closely at GATS commitments): A European effort to bar the use of potentially hazardous ship recyclers in India, Pakistan and Bangladesh has run aground,
Simon Lester 14 Jun 2013 1 min read

More TPP Secrecy Issues

Here's an excerpt from a letter by Senator Elizabeth Warren to USTR nominee Mike Froman: While I have no doubt that the President's commitment to openness is genuine, I am concerned about the Administration's record of transparency regarding the Trans-Pacific Partnership. Specifically, I am
Simon Lester 14 Jun 2013 2 min read

Privacy as a Reason for Discriminating Against American Service Providers

I think I can safely assume that everyone has heard about the U.S. government program which uses American internet companies to access the online activities of non-Americans, so I won't get into the details.  Not surprisingly, there have been some concerns expressed by law-makers outside of the
Simon Lester 11 Jun 2013 2 min read

How Did USTR Define "In Like Circumstances" During the FTAA Talks?

That's the subject of a long-running court battle.  Apparently, during the FTAA talks, USTR wrote a "white paper" in which it offered commentary on the interpretation of the phrase "in like circumstances" in the context of the investment chapter.  The Center for International Environmental
Simon Lester 09 Jun 2013 1 min read

Two Big WTO Jobs

... are posted here: The Secretariat of the WTO is seeking to fill the position of Director, Trade and Environment Division. Serving staff members interested in the position are also invited to apply. and here: The Secretariat of the WTO is seeking to fill the position of Chief Economist and Director,
Simon Lester 09 Jun 2013 1 min read

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International Economic Law and Policy Blog

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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

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

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