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Investor-State: Learning as We Go

On SSRN, here's the abstract of a paper entitled "When the Claim Hits: Bilateral Investment Treaties and Bounded Rational Learning," by Lauge Skovgaard Poulsen and Emma Aisbett: Using the international investment regime as its point of departure, the paper introduces notions of bounded rationality to the
Simon Lester 03 Aug 2011 1 min read

Delineating the Outer Limits of Investment Treaties

In an ASIL Insight entitled "The Australian Trade Policy Statement on Investor-State Dispute Settlement," Jürgen Kurtz writes: States can protect domestic policy space in an investment treaty by clearly delineating the outer limits of substantive obligations and/or crafting exceptions for state conduct. For instance, the investment
Simon Lester 03 Aug 2011 1 min read

The Purpose of International Investment Agreements

From a paper by Anne Van Aaken and Tobias A. Lehmann, entitled "Investment and Sustainable Development: Developing a New Conceptual Framework": It is already questionable whether the only purpose of [International Investment Agreements] IIAs is the protection of investment.  Rather, as most preambles reveal, protection of investment is
Simon Lester 03 Aug 2011 1 min read

The Debt Deal and Farm Subsidies

Jim Bacchus recently called for cutting farm subsidies as a way to reduce the U.S. budget deficit and give a boost to the Doha Round.  So what happened with farm subsidies in the debt deal?  Well, it remains to be seen, from what I've read so far.
Simon Lester 01 Aug 2011 1 min read

U.S. Fuel Efficiency Standards: Trucks vs. Cars

From Reuters: The Obama administration has reached a compromise with automakers on a new fuel economy target for cars and trucks, ending months of negotiations on this pivotal mandate for the auto industry. Automaker fleets will now have to average 54.5 miles per gallon by 2025, according to people
Simon Lester 29 Jul 2011 1 min read

Deep vs. Shallow Integration in Trade Agreements

From the press release for the World Trade Report 2011: Deep PTAs More and more PTAs are deep rather than shallow agreements. They include a wide range of issues beyond tariffs, such as services, investment, intellectual property protection, and competition policy. These policy areas involve domestic regulations (or behind-the-
Simon Lester 27 Jul 2011 1 min read

Bilateral vs. Multilateral Trade Agreements: The U.S. View

Via Larry Friedman, I see the following from a speech by Secretary of State Hillary Clinton in Hong Kong: we are pursuing new cutting-edge trade deals that raise the standards for fair competition even as they open new markets. For instance, the Korea-US Free Trade Agreement, or KORUS,
Simon Lester 27 Jul 2011 4 min read

Norway on the Right to Trade

Following-up on the WTO's quick summary of the March 25 DSB meeting mentioned here, here's more from Norway on its right to trade in seal products, from the full DSB minutes: 86. The representative of Norway said that, at the present meeting, her country was
Simon Lester 26 Jul 2011 1 min read

ASIL IEcLIG Call for Papers

From the ASIL IEcLIG: International Economic Law Interest Group (IEcLIG) of American Society of International Law (ASIL) Call for Papers   Post - Crisis International Financial Regulation: Fragmentation, Harmonization and Coordination The challenges of the 2008 financial crisis were severe and prolonged.   The international regulatory community struggled to contain, manage and respond
Simon Lester 26 Jul 2011 1 min read

Optimal Tariffs, Trade War Tariffs and Trade Policy Cooperation

Via Jonathan Dingel, economist Ralph Ossa looks at the gains from trade policy cooperation: What are the optimal tariffs of the US? What tariffs would prevail in a world-wide trade war? What are the gains from international trade policy cooperation? And what gains can be expected from future reciprocal
Simon Lester 24 Jul 2011 1 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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