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The Tuna Decision

... is coming tomorrow (May 16). It is almost certain to have a lot of interesting things in it. Some possible issues: – Is the measure at issue a technical regulation? And more generally, what exactly is the scope of "technical regulations"?  We have discussed this here on this blog
Simon Lester 15 May 2012 1 min read

China and Market Economy Status III

Trade lawyer Bernard O'Connor has more to say about China and market economy status: Introduction In a first note (published on VOXEU and re-posted on WorldTradeLaw net) I looked at whether China was automatically entitled to Market Economy Status (MES) in 2016 on the basis of the Accession
Simon Lester 14 May 2012 8 min read

The TPP Transparency Debate is Heating Up!

As mentioned in this post, a group of law professors wrote a letter criticizing the transparency of the TPP negotiating process. They received a reply from USTR Ron Kirk, and have posted it: I look forward to reviewing your letter, and will provide a more detailed response later.   In the
Simon Lester 11 May 2012 4 min read

More on the Lack of TPP Transparency

A group of law professors has written a letter criticizing the lack of transparency in the TPP negotiations. Here's an excerpt: Our concerns flow from the now-established observation that “trade” agreements no longer focus exclusively, or perhaps even predominantly, on the regulation of trade. Rather, the agreements increasingly
Simon Lester 09 May 2012 2 min read

ASIL IEcLIG Call for Papers

From the ASIL/IEcLIG: 2012 Biennial Interest Group Conference: Re-Conceptualizing International Economic Law: Bridging the Public/Private Divide George Washington University Law School Washington D.C., USA November 29-December 1, 2012 I.         Conference Theme The ASIL International Economic Law Interest Group will hold its next biennial conference on November 29-
Simon Lester 08 May 2012 3 min read

Transparency in Trade Negotiations

Some folks are complaining about the lack of transparency in the TPP negotiation process: Despite claims by the U.S. government of considerable transparency in the process, the talks, being held in Dallas, are covering material that has remained almost completely out of the public's eye. 'Because
Simon Lester 08 May 2012 1 min read

Geneva Trade Lawyer Position

King & Spalding is looking for a trade law associate in the Geneva office: GENEVA International Trade # of Positions: 1 | Years of Experience: 2-5 Type of Experience: King & Spalding seeks a junior to mid-level associate for its International Trade practice group in Geneva. Qualified candidates will have experience in
Simon Lester 08 May 2012 1 min read

Canadian Zeroing

Have you had enough of U.S. zeroing litigation at the WTO?  For a change of pace, perhaps there is a case related to Canadian zeroing on the horizon.  Trade expert Peter Clark points me to a decision by the Canadian International Trade Tribunal (CITT), relating to the use of
Simon Lester 04 May 2012 3 min read

Everyone is Talking about Investment

With the new model BIT in place, everyone is talking about investment.  First up, over at the Cato Institute, on May 17 they'll be talking about "investment protectionism and what to do about it": Like international trade, cross-border direct investment drives economic growth. The value of
Simon Lester 04 May 2012 1 min read

The EU Emissions Trading Scheme under WTO Rules

Lorand Bartels analyzes the issues for ICTSD here.  The abstract: The following questions are addressed in this paper: is it possible to design a carbon trading scheme that is both administratively feasible and justifiable under WTO law? Does the inclusion of aviation in the EU ETS violate the unconditional most-favoured
Simon Lester 02 May 2012 2 min read

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International Economic Law and Policy Blog

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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