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Trade in Legal Services, Country by Country

The Economist reports on the globalization of legal services, with a number of countries highlighted: China, Brazil, Hong Kong: In China and Brazil foreign firms have flourished by offering advice on international law, but they cannot provide legal representation in local courts. (An exception is Hong Kong, which has recently
Simon Lester 03 Aug 2010 1 min read

Bullfighting, Seal Products and the WTO

Reuters reports:  Lawmakers dealt the death blow to bullfighting in Catalonia on Wednesday, outlawing the centuries-old blood sport for the first time in a mainland region of Spain. The result of 68 in favor, 55 against the ban was expected, since the Catalonian parliament had cast preliminary votes in December
Simon Lester 01 Aug 2010 2 min read

Trade in Everything: Prisoners (Again)

The proposal to send certain California inmates to Mexican prisons doesn't seem to have gone anywhere, but it appears that there is, in fact, a market for trade in prison services, as the Economist reports: THE border between Belgium and the Netherlands can be easy to miss: a
Simon Lester 01 Aug 2010 1 min read

Trade in Everything: [Censored]

A headline from law.com: "Copycat Sex Toys Stimulate ITC Patent Fight": At first glance, a recent complaint at the U.S. International Trade Commission -- Devices Having Elastomeric Gel and Components Thereof -- sounds like a typical high-tech patent dispute. That is, until you get to the
Simon Lester 01 Aug 2010 1 min read

USTR Ron Kirk on WTO Trade Enforcement

From Reuters: But in the same news conference, Kirk also made clear his dislike for WTO litigation, which can take years to resolve and often produce mixed results. "My guiding principle is that where we can get issues resolved through direct negotiations, no matter how difficult they are, we&
Simon Lester 30 Jul 2010 2 min read

The First Labor Complaint Under a Trade Agreement

From a speech today by USTR Ron Kirk: So today I am announcing that the Obama Administration will file a case against Guatemala under our trade agreement with Central America and the Dominican Republic, for apparent violations of obligations on labor rights. This is the first labor case the United
Simon Lester 30 Jul 2010 2 min read

The Investor-State Challenge to Uruguay's Anti-Tobacco Law

Via a Luke Peterson tweet, I see that Uruguay is planning to weaken its anti-tobacco law (see this old post for more), in response to a Phillip Morris investment treaty challenge: Uruguay's government yesterday said it would tweak the legislation, or possibly draft a new law, to fend
Simon Lester 29 Jul 2010 1 min read

The U.S. Position on Free Trade and the Internet

In Foreign Affairs, this is from Betsy Gelb and Emmanuel Yujuico (of IPE Zone): Another example of a failed effort to apply a largely American vision of technology to a non-U.S. cultural environment involves the Internet search giant Google. In January, after the e-mail accounts of Chinese human rights
Simon Lester 29 Jul 2010 2 min read

THE "OLD TIRED" LOTUS PRINCIPLE IN THE KOSOVO CASE: IS THE WTO AHEAD OF THE ICJ ON THIS POINT?

In the Kosovo case, the UN  General Assembly asked  the International Court of Justice (ICJ) whether Kosovo’s declaration of independence was “in accordance with international law”. The Court determined for all practical purposes that the term “in accordance with” is to be understood as asking  whether there is a
Marc Benitah 26 Jul 2010 1 min read

Cell Phone Radiation Labeling and Trade Agreements

As you may have heard, San Francisco recently passed a law requiring that cell phones must have labels telling consumers how much radiation they emit: Imposing roughly the same cautionary standards for cellphones as for fatty food or sugary soda, [San Francisco] — never shy about its opinions — voted on Tuesday
Simon Lester 26 Jul 2010 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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Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

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

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