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Investor-State Polling in New Zealand

A recent poll in New Zealand asked the following: New Zealand is currently negotiating a free trade and investment treaty with ten other countries called the Trans Pacific Partnership. As part of the negotiations, there is a proposal to allow foreign investors to sue governments in private offshore tribunals if
Simon Lester 17 Dec 2012 1 min read

Antigua Retaliates

You are forgiven if you have forgotten about the WTO Gambling dispute.  It has been a while since anything happened.  But apparently it is at long last on to the next stage, as Antigua announces (Word doc) that retaliation is coming: On 21 December 2007, the Arbitrators determined in document
Simon Lester 13 Dec 2012 1 min read

Cheer Up, USTR!

This is from a Washington Post article on a recent survey of federal workers: The Office of the U.S. Trade Representative ranks as the worst small agency, [with only 32.7 percent of employees saying they are satisfied]. Former employees said its sense of mission was eroded by an
Simon Lester 13 Dec 2012 1 min read

New Chairs and Vice Chairs of the ASIL-IEcLIG

From the ASIL-IEcLIG: Elizabeth Trujillo from Suffolk University Law School and Jason Yackee from University of Wisconsin School of Law have been elected to be Co-Chairs of the International Economic Law Interest Group for ASIL.   Jason and Elizabeth are stepping in after 2 years as being Co-Vice Chairs under the
Simon Lester 13 Dec 2012 1 min read

Eli Lilly NAFTA Chapter 11 Claim - Part 3

One last post on the Eli Lilly NAFTA Chapter 11 complaint (unless someone else has something they want to add).  Eli Lilly's national treatment argument is as follows: 106.  The  measures in  issue  de facto  discriminate  against Lilly,  a  U.S. investor,  when compared to domestic investors, by
Simon Lester 12 Dec 2012 1 min read

Eli Lilly NAFTA Chapter 11 Claim - Part 2

In the last post, Henning provided an excellent summary of the key substantive parts of the Eli Lilly NAFTA Chapter 11 complaint as it relates to IP law.  Let me just make a more general point here (and another more specific point in the next post). In Eli Lilly'
Simon Lester 12 Dec 2012 1 min read

Guest Post by Henning Grosse Ruse - Khan: Investor–State Arbitration to Challenge Host State Compliance with International IP Treaties?

A Guest Post by Henning Grosse Ruse - Khan: Last week, Luke Peterson reported that the U.S. based pharma corporation Eli Lilly has put Canada on notice of its intent to submit a claim to arbitration under NAFTA Chapter 11 following the invalidation of some of its patents by
Simon Lester 11 Dec 2012 2 min read

Unilateralism vs. Multilateralism in Currency Disputes

Brazil has put forward a conceptual note (Word doc) on the issue of exchange-rate misalignment.  Its focus is on developing trade remedy procedures to deal with the perceived problem: IV. IS THERE A NEED TO CRAFT TRADE REMEDIES THAT SPECIFICALLY ADDRESS CURRENCY MISALIGNMENTS? Existing provisions related to exchange-rate movements in
Simon Lester 06 Dec 2012 2 min read

Is It Time to Regulate U.S. State Subsidies?

I've talked about sub-federal state subsidies before on this blog. The issue is suddenly in the news, due to a long NY Times article today. CFR's Edward Alden proposes reining them in as follows: ... There are three basic requirements: a legislative framework, an adjudication body, and
Simon Lester 03 Dec 2012 1 min read

Incorporating (Some) Unilateral Free Trade into the Trading System

That's the title of a short essay of mine in the Virginia Journal of International Law's online edition.  Here's the main proposal: ... I thus propose an approach that I call "unilateral reciprocal binding trade liberalization." The basic idea is that unilateral liberalization
Simon Lester 28 Nov 2012 1 min read

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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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