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Now after Seals, Oilsands

Canada never ceases to think of the WTO as the last resort for defending some of the worst aspects of its public policies. Usually, Europeans are the target.  There was asbestos, then more recently, seals and now they are rattling the WTO sabres about the oilsands.  The EU is considering
Rob Howse 21 Feb 2012 2 min read

Labor Mobility for Canadian Accountants

Since I found out about it recently, it has seemed to me that there is not enough commentary, blogging, scholarship, etc. about Canada's Agreement on Internal Trade.  Maybe there's lots of it, and I'm just not looking in the right places, but I haven&
Simon Lester 17 Feb 2012 5 min read

Gender Discrimination Through Tariffs

Lawrence Friedman explains the CIT's latest decision in a case involving different tariff rates for men's and women's gloves: Once the Court reached the conclusion that the tariff is not facially discriminatory, the burden on the plaintiff is much higher. Simply showing that the
Simon Lester 17 Feb 2012 1 min read

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

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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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