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How To Design a Subsidy Rule Carveout for Carbon Reduction Measures

Jennifer Hillman and Inu Manak have a new paper out called "Rethinking International Rules on Subsidies." In a nutshell, they argue that all the new subsidies being thrown around are likely to create difficulties in international economic relations, and some revised rules might help with that. One key
Simon Lester 10 Sep 2023 2 min read

The IPEF Supply Chain Agreement: Commitments, Institutions, Labor, Monitoring, Security, and Consultations

I haven't been following the Indo-Pacific Economic Framework for Prosperity (IPEF) negotiations as closely as some other people have, but I see that the text of the IPEF's Supply Chain Agreement was released yesterday. I don't have any hot takes on all this, but
Simon Lester 08 Sep 2023 6 min read

Post by Joel Trachtman: Remaking Trade for Sustainable Development

Joel was having trouble posting, so despite my name as the author of the post, this is actually from him: Some readers of this blog are old enough to remember when I resisted arguments to apply international environmental law in WTO dispute settlement.  My position then was based on a
Simon Lester 07 Sep 2023 2 min read

The First CPTPP Panel Report

The first CPTPP panel report, in the Canada - Dairy TRQs case, was just circulated. A case on similar issues has already been litigated under the USMCA, and a new USMCA case is currently being litigated. At this point, I have just two small things to note about the panel
Simon Lester 06 Sep 2023 1 min read

What if the Clinton Administration Hadn't Agreed to China's WTO Accession?

In recent years, I've frequently heard the argument that the Clinton administration made a mistake by allowing China to join the WTO. The specific actions here are the Clinton administration's completion of a bilateral deal with China in 1999 (which paved the way for other governments
Simon Lester 05 Sep 2023 2 min read

The U.S. “Worker-Centered Trade Policy” is helping some workers in Mexico but not in America

This Labor Day post seeks to shed light on the Biden administration’s “worker-centered” trade policy.  It argues that the United States-Mexico-Canada trade agreement (USMCA) misses a critical opportunity to strengthen workers’ rights in America.  The agreement’s provisions exclude protections for the most vulnerable workers in U.S. trade
Desiree LeClercq 03 Sep 2023 8 min read

Trump's Latest Tariff Talk

Former president Trump had the following exchange with his former economic adviser Larry Kudlow the other day: Kudlow: Let me ask you, what's your thinking here? Would you want tariffs on foreign goods coming into the US, take those revenues and cut taxes on American goods and American
Simon Lester 24 Aug 2023 3 min read

The thin line between "consistent with" GATT Article XXI and "pursuant to" GATT Article XXI.

A curious realisation from the newly released panel report for China – Additional Duties on Certain Products from the United States (DS558) – for thinking through the legal characterisation of security measures under WTO law. After the United States – Certain Measures on Steel and Aluminium Products (DS544/552/556/564) panel reports
Mona Paulsen 17 Aug 2023 9 min read

Guest Post: A Reply to Aaron Cosbey’s Comment on our CBAM Post, from Reinhard Quick, Saarland University and Isha Das, University of Passau.

This is a guest post from Reinhard Quick, Saarland University and Isha Das, University of Passau. We would like to thank Aaron Cosbey for his thoughtful comments on our guest post and would like to reply by offering the following comments: 1. Prevention of Carbon Leakage The imposition of CBAMs
Simon Lester 16 Aug 2023 6 min read

Guest Post: American ‘green’ protectionism, industrial decarbonsiation, and transatlantic steel and aluminium negotiations – a response to Todd N. Tucker and Timothy Meyer

This is a guest post by David Kleimann (PhD) - a visiting fellow at the Brussels based Bruegel think tank. He wishes to thank Todd N. Tucker and Timothy Meyer for productive debates in past and future. In July of this year, I published a Bruegel working paper titled ‘Section
Simon Lester 13 Aug 2023 14 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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