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Trade Wars vs. Trade Conflict

In a post entitled "Preemptive Unilateral Disarmament," Paul Krugman is upset that Secretary Geithner doesn't want a "trade war": So, why did Tim Geithner feel the need to declare, We’re not going to have a trade war; we’re not going to have
Simon Lester 03 Oct 2010 2 min read

Can Trade Preferences Be Used To Promote Non-Trade Policies?

Using trade preferences to promote non-trade policies is controversial.  It's not completely clear to what extent this is permitted under WTO rules.  And regardless of the legality, it can be irritating to those countries on the receiving end of these demands. In addition to those questions, there is
Simon Lester 03 Oct 2010 1 min read

The House Currency Bill Committee Report

A commenter mentioned the House Committee Report related to the currency bill.  I have uploaded it here. I found a number of aspects of the report interesting.  One thing that comes out is that, despite the perception that Congress doesn't care whether it violates WTO rules, clearly the
Simon Lester 01 Oct 2010 6 min read

More on Concerns with Investment Arbitration Standards

In the comments, anon99 says: Pauwelyn has a new article which "claims that based on fifteen years of operation both the hopes and fears traditionally linked to TRIPS and its enforcement under the WTO dispute settlement system were and continue to be largely exaggerated." It is getting close
Simon Lester 30 Sep 2010 1 min read

Scott Lincicome on the China Currency Bill

What will the impact be if the china currency bill passed by the House eventually becomes law?  Scott Lincicome explains: Assuming the bill becomes law as written, a large spike in CVD petitions against China is highly unlikely in the near term.  Instead, only a small number of “test case”
Simon Lester 30 Sep 2010 1 min read

Stuxnet and Trade

Cybersecurity is looming ever larger as a concern of governments and businesses, not to mention individuals.  The recent revelations regarding worm attacks on industrial installations, including perhaps Iranian nuclear processing plants, have heightened concern.  Today's New York Times has a story about India's requirements imposed on
Trachtman 28 Sep 2010 1 min read

Extraterritoriality Conference

Beyond Borders: Extraterritoriality in American Law Southwestern Law School, Nov. 12, 2010 On Friday, November 12, 2010, Southwestern Law School in Los Angeles, California is hosting a symposium titled Beyond Borders: Extraterritoriality in American Law. This one-day symposium will bring together leading legal figures from throughout the country to analyze
Trachtman 28 Sep 2010 1 min read

The Philip Morris Investment Claim

I did some previous posts (see, e.g., here) about the investment claim brought by Philip Morris against Uruguay under a Uruguay-Switzerland BIT.  Todd Weiler, who knows a thing or two about investment claims, has written a legal opinion for Physicians for a Smoke Free Canada, in which he examines
Simon Lester 28 Sep 2010 4 min read

The Tuna/Dolphin NAFTA Panel Request

As discussed here, here, here and here, Mexico and the United States disagree on the proper forum for the current tuna/dolphin dispute.  Mexico thinks the WTO is the right forum; the United States thinks the dispute should be removed to NAFTA.  The dispute is proceeding at the WTO (for
Simon Lester 28 Sep 2010 3 min read

Internet Gambling Bans and the Dormant Commerce Clause

One of the lingering questions for me after the U.S. - Gambling WTO dispute was how a pure internet gambling ban would be treated under WTO rules.  The measures at issue in U.S. - Gambling had some pretty clear discriminatory aspects.  What if the U.S. measures had
Simon Lester 24 Sep 2010 9 min read

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The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

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

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