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Reorganizing U.S. Trade Governance

From the AP: President Barack Obama will ask Congress on Friday for greater power to shrink the federal government, and his first idea is merging six sprawling trade and commerce agencies whose overlapping programs can be baffling to businesses, a senior administration official told The Associated Press. Obama will call
Simon Lester 13 Jan 2012 1 min read

Tolerating Non-Compliance in WTO Dispute Settlement

In the latest issue of Trade, Law & Development, Claus Zimmerman argues that WTO dispute settlement gets things just right in terms of the level of enforceability: It emerges from the analysis provided in this article, that although the WTO’s dispute settlement mechanism has not been designed to encourage
Simon Lester 13 Jan 2012 2 min read

Baldwin on the Rise of Regionalism

From a recent CEPR paper by Richard Baldwin: The rise of 21st century regionalism is not yet a disaster for the world trade system. It has kept trade liberalisation and trade booming despite the WTO’s slow progress. But the present course of events seems certain to undermine the WTO’
Simon Lester 13 Jan 2012 1 min read

Trade Conflict with Japan and China

When I first started in the trade law world, Japan was still the big threat everyone was worried about.  Things have definitely changed since then.  From a recent NY Times opinion piece, here's a theory as to why: Japanese trade negotiators noticed an almost magical sweetening in the
Simon Lester 13 Jan 2012 2 min read

"Likeness" in Spirits and Cigarettes

As mentioned here, the recent Appellate Body findings on likeness in the Philippines - Spirits decision seem to mean that competitiveness is the key to the "likeness" analysis, even under GATT Article III:2, first sentence.  Here's what we said about this issue in our DSC
Simon Lester 08 Jan 2012 4 min read

The Clove Cigarettes Appeal

The U.S. appellant's submission is here:  http://www.ustr.gov/webfm_send/3225  Here's one issue I'll be watching during the appeal: 73. In reaching its conclusion that Section 907(a)(1)(A) accords less favorable treatment to imported clove cigarettes than to
Simon Lester 05 Jan 2012 1 min read

Yale Conference on the ICSID Annulment Procedure

From the editors of the Yale Journal of International Law: For over 40 years, the World Bank’s International Center for the Settlement of Investment Disputes (ICSID) has offered investors and states a unique arbitration mechanism, which trades off diplomatic protection on behalf of investors in return for commitments by
Simon Lester 05 Jan 2012 1 min read

Differentiated Tariff Rates for "Toys" and "Dolls"

Blogger Matt Yglesias is shocked by the different U.S. tariff rates for toys and dolls: You probably did not realize that the official legal position of Marvel is that contrary to the general thematic content of the Marvel Universe, mutants are not people. A recent Radiolab podcast brings the
Simon Lester 03 Jan 2012 1 min read

Bhagwati on the U.S. Influence on FTAs

From a recent opinion piece by Jagdish Bhagwati: The US has been establishing a template for its PTAs that includes several items unrelated to trade. So it is no surprise that the TPP template includes numerous agendas unrelated to trade, such as labor standards and restraints on the use of
Simon Lester 01 Jan 2012 1 min read

Antigua's Lawyer Reacts to Legalizing Online Gambling in the U.S.

The Antigua Observer reports on the reaction of Mark Mendel, one of Antigua's lawyers in the WTO gambling dispute, to the Justice Department opinon on online gambling noted the other day: Reacting yesterday to the US assistant attorney general’s view on the matter, Antigua’s counsel Mark
Simon Lester 01 Jan 2012 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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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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