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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

Do We Need Investor-State in TTIP?

I don't have a link or an exact quote, but I was watching the confirmation hearing for USTR nominee Mike Froman, and Sen. Sherrod Brown (a trade critic) asked something along these lines:  Given that EU property rights protection is pretty good, do we need investor-state in the
Simon Lester 06 Jun 2013 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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