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Managing Risks as a GATT Exception under GATT Article XX(j)

In January 2024, the EU will offer more information about its strategy for economic security. After the pandemic and war, the focus is on an approach to risk management. While we await more details, this post probes past jurisprudence to assess how earlier WTO adjudicators handled the potential of an
Mona Paulsen 08 Jan 2024 5 min read

The U.S.-Peru FTA Goes to Missouri

It’s not every day that a trade agreement finds its way into U.S. courts – especially not as a basis to dismiss a tort claim in Missouri. Tomorrow, the U.S. Court of Appeals for the Eighth Circuit will hear Reid v. Doe Run Resources Corp. In a rather
Kathleen Claussen 08 Jan 2024 6 min read

A Very Old Semiconductors and National Security Trade Dispute

Through some searches I don't recall the details of, I stumbled on this paper, which makes reference to an old U.S. national security dispute over imports of semiconductor products: ... The very first trade dispute in semiconductors was in 1959. American transistor producers sought protection from Japanese exports
Simon Lester 05 Jan 2024 3 min read

Chip Subsidies, Exports, and CVDs

Subsidies are a big part of the Biden administration's economic policy, with a variety of types available. Some go directly to producers, while others are in the form of tax credits for consumers on their purchases of goods. How much is being spent? For semiconductor subsidies, which as
Simon Lester 28 Dec 2023 2 min read

Some Digital Trade Policy Proposals for the Biden Administration on Data Flow Obligations and Exceptions

Based on a couple recent meetings I was a part of, I thought it might be helpful to put together some specific proposals for digital trade provisions related to data flow obligations and exceptions, in the context of international economic agreements. The Biden administration appears to be having some internal
Simon Lester 19 Dec 2023 7 min read

Book Release - The Future of Trade: A North American Perspective

This is from David Gantz and Tony Payan: Our new book on trade law and policy, The Future of Trade: A North American Perspective, was published by Edward Elgar on December 15. For details, see here. "This critical book assesses the current trade policy challenges facing the US and
Inu Manak 16 Dec 2023 1 min read

More on Trade Enforcement

In my last post, I said this about trade enforcement at the WTO and under the U.S.-China Phase One deal: ... if the U.S. wants to enforce the WTO agreements in relation to the foreign trade barriers it has identified to the same extent other governments -- such
Simon Lester 13 Dec 2023 2 min read

Katherine Tai on Trade Enforcement

Last week, U.S. Trade Rep. Katherine Tai spoke at the Aspen Security Forum and had the following things to say about U.S. enforcement of trade agreements: In terms of trade enforcement, in order for our trade agreements, and our trade arrangements, to have integrity, we have to hold
Simon Lester 11 Dec 2023 4 min read

The EU-Japan Approach to Data Flow Obligations and Exceptions

I've done several posts on digital trade provisions in which I set out the data flow obligations and the exceptions, and consider whether the drafters have struck a good balance in terms of promoting data flows while preserving regulatory space. A recent draft amendment to the existing EU-Japan
Simon Lester 07 Dec 2023 6 min read

Chris Christie on Trump's China Trade Policies

There was another Republican primary debate last night, and finally there was a discussion of trade policy, albeit briefly. The issue was raised by former New Jersey Governor Chris Christie. Here's what he said: And I will say this about what I heard from Nikki [Haley] earlier. She
Simon Lester 07 Dec 2023 1 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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Featured

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

My Questions for Chad on China in the World Trading System

At the Peterson Institute event launching the "How To Win a Trade War" book, Chad said some things about trade relations with China that I found interesting.
26 May 2026 4 min read

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