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Should Congress Codify Trump's Trade Deals?

For the purposes of domestic law, the trade deals negotiated by the Trump administration have been concluded as executive agreements, and there is no indication that the administration wants Congress to approve them via statute. Some members of Congress have raised this possibility though.
Simon Lester 17 Nov 2025 4 min read

Impact of the October 2025 US-China Detente On United States-Mexico Trade

On October 29, 2025, President Trump and Chinese Communist Party Chairman Li concluded a limited detente in their ongoing trade war. (U.S-China Trade Agreement) This trade deal, largely a return to the status quo in February-April 2025 is scheduled to continue for a year. The compromise was essential to
David A. Gantz 13 Nov 2025 11 min read

Reviewing the USMCA

Pursuant to the review of the USMCA provided for in Article 34.7, USTR has requested comments and is holding a hearing. USTR's comments portal shows 1,515 comments submitted, so a lot of people had things to say!
Simon Lester, Inu Manak 12 Nov 2025 3 min read

Trump's Cambodia Trade Deal, Arms Exports, and the Role of Non-Trade Concessions

In this post, I'm going to talk about some aspects of the recent U.S. trade deal with Cambodia that I haven't heard raised yet, including the following questions: (1) Is the decision to allow U.S. arms exports to Cambodia pursuant to this deal designed to boost U.S. manufacturing?
Simon Lester 10 Nov 2025 4 min read

Is Section 122 of the 1974 Trade Act a Fall-Back Option for Trump to Impose Tariffs?

Without IEEPA authority, as we have all discussed, where there is a will, there is a way. In all likelihood, this way involves the expanded use of other statutory authorities, such as Section 232 of the 1962 Trade Expansion Act and Section 301 of the Trade Act of 1974. In
Mona Paulsen 07 Nov 2025 4 min read

Roundup of IEEPA Hearing Commentary

I listened to today's Supreme Court hearing on the IEEPA tariff cases, but it was clear to me that I am not well-positioned to offer good insights on how the Court might rule. (The transcript is here if anyone wants to give this kind of tea leaf reading a shot themselves).
Simon Lester 05 Nov 2025 8 min read

Economic and National Security Provisions in U.S. Trade Agreements

A few weeks ago, I wrote a post cautioning everyone to "Beware the 'Securitization' of Trade Policy." So far, however, it looks like my post has been a big failure, as many people seem to be throwing caution to the wind, and instead of being wary
Simon Lester 03 Nov 2025 4 min read

Bound Rates and the Stakes of the Cambodian Trade Deal

Far from being incoherent, the United States’ recent moves against trading partners suggest a unique restructuring of its economic structure, with executive-dominated foreign investments planned to drive much of its future economic growth. I’ll focus on the Agreement concluded with Cambodia for this post. Cambodia has not signed a
Mona Paulsen 31 Oct 2025 9 min read

The Future of U.S. Big Tech and Social Media (and a Quick Thought on Manufacturing)

As the saying goes, it's difficult to make predictions, especially about the future, but in a piece I wrote for the Baker Institute, I argue that the social media landscape is going to become smaller and more global, with U.S. big tech control declining. Is this just
Simon Lester 30 Oct 2025 3 min read

Tracking Foreign Investments in the U.S. Pursuant to Trump's Trade Deals

According to President Trump and his administration, one of the most important elements of the trade deals they are negotiating right now is the commitments being made by foreign governments and companies to invest in the U.S. The aggregate figures mentioned in this regard have been as high as
Simon Lester 29 Oct 2025 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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Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part I

Thanks to Simon for kickstarting a debate on the prospect of bringing economic security provisions into trade agreements, and for allowing me to respond here.
26 Nov 2025 4 min read

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