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Manufacturing Subsidies

From the fact sheet on President Obama's "blueprint to support American manufacturing jobs, discourage outsourcing, and encourage insourcing": Targeting the domestic production incentive on manufacturers who create jobs here at home and doubling the deduction for advanced manufacturing (revenue neutral): In conjunction with the President’s
Simon Lester 16 Feb 2012 1 min read

Trakman on Investor-State

On SSRN, Professor Leon Trakman looks at Australia's recent policy change on investor-state dispute settlement, and asks, "Investor State Arbitration or Local Courts: Will Australia Set a New Trend?"  From his conclusion: The most profound risk to the institution of investor-state arbitration is one of perception.
Simon Lester 16 Feb 2012 1 min read

Alternatives to Zeroing

From the DOC final rule, issued last week, that addresses zeroing: Several parties request clarification as to which circumstances would trigger the use of an alternative comparison methodology, and whether zeroing would be used in the alternative calculation methodology. These commentators also encourage the Department to narrowly tailor the circumstances
Simon Lester 14 Feb 2012 2 min read

Transatlantic Free Trade Proposals

Dan Drezner and other "eminent persons" have put together a report on transatlantic trade and investment.  Some of their recommendations: A new stakeholder driven bottom-up initiative on tariffs and NTBs. Bilateral work on eliminating tariffs and addressing non-tariff measures should proceed based on decentralized government consultations with business
Simon Lester 14 Feb 2012 1 min read

Alan Argues ...

A couple days ago, Alan pointed out that treaty interpretation is more than just titles of provisions.  And he's right, of course. In addition to the context (which is how I think of these titles), he refers to the text, the negotiating history, the intention of the parties,
Simon Lester 12 Feb 2012 2 min read

Simon Says ....

It is apparent that Simon, “our fearless leader” is keen to rely on titles to assist in the interpretation of articles and text in treaties.  While titles may be of some assistance in certain circumstances the particular use of textual analysis doesn’t seem nearly as determinative as Simon seems
Alan Alexandroff 09 Feb 2012 2 min read

Investor State in the KORUS FTA

I thought this issue was settled, but apparently not.  From the Korea Herald: The Korea-U.S. free trade pact has resurfaced as a hot-button issue ahead of the April 11 general elections as the liberal opposition parties vow to scrap it should disputed clauses not be renegotiated. ... The liberal forces,
Simon Lester 09 Feb 2012 1 min read

The "Good Kind" of Offshoring

Good for the U.S. anyway; bad for Japan.  From Reuters: Toyota Motor Corp will shift production of its Highlander hybrid sport-utility vehicle from Japan to Indiana, where the company will invest $400 million and add 400 new jobs. The Japanese automaker also plans to export some Highlanders to other
Simon Lester 09 Feb 2012 1 min read

National Treatment Issues in the Bilcon NAFTA Chapter 11 Case

It has been a while since I've had an excuse to talk about National Treatment issues in investment treaties, so I'm happy to see the Bilcon NAFTA Chapter 11 case going forward.  As usual, I turn to Luke Peterson for a basic overview of the facts:
Simon Lester 08 Feb 2012 4 min read

Banning Keystone Oil Exports

Some members of Congress are trying to prevent oil that would go through the proposed Keystone pipeline from being exported: Rep. Ed Markey (D-Mass.) and other House Democrats called the bluff of Keystone XL pipeline supporters by introducing a bill that would ensure that the oil and refined fuel from
Simon Lester 08 Feb 2012 2 min read

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International Economic Law and Policy Blog

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Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

Comparing the Forced Labor Provisions in the New U.S. Trade Deals

Continuing my multi-part blog posting series on comparing provisions in the Trump administration trade agreements, let's look now at the provisions that try to induce U.S. trading partners to take action against imports made with forced labor.
20 Feb 2026 4 min read

AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 4 min read

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