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Russia and the WTO

A debate in Foreign Policy over Russia's WTO accession.  From Anders Aslund and Fred Bergsten Russia has never been closer to WTO accession. The remaining hurdles are modest: sanitary rules for U.S. exports of chicken and pork, limits on future agricultural subsidies, rules for encryption, regulation of
Simon Lester 25 Jun 2010 3 min read

The International Law of Free Markets

In a field full of free market supporters (certainly not everyone, but a good number), I think I am one of the most free market oriented.  (I don't even mind being called a "free market fundamentalist," even though I realize it is meant as an insult!
Simon Lester 25 Jun 2010 2 min read

More On Dissents

This time dissents at the domestic level.  Here's a question from the Panel in the U.S. - Tyres Safeguards (DS399) WTO dispute: Q8. What weight, if any, should the Panel give to the fact that there were two dissenting opinions within the USITC on causation? As background,
Simon Lester 25 Jun 2010 2 min read

Zeroing and the Role of Precedent

From the U.S. first written submission in the U.S. - Anti-Dumping Measures on Orange Juice (Brazil) (DS382) dispute (another "zeroing" case): 30. While prior adopted panel and Appellate Body reports create legitimate expectations among WTO Members,18 the Panel in this dispute is not bound to
Simon Lester 22 Jun 2010 2 min read

ASIL Call for Papers

The ASIL's International Economic Law Interest Group (IEcLIG) has put out its Call for Papers for the 2010 Biennial Interest Group Conference.  The theme:  INTERNATIONAL ECONOMIC LAW IN A TIME OF CHANGE: REASSESSING LEGAL THEORY, DOCTRINE, METHODOLOGY AND POLICY PRESCRIPTIONS.  The conference will be at the University of
Simon Lester 22 Jun 2010 2 min read

Weekend Yuan Developments

As many people have probably heard already, China said over the weekend that it would allow some "flexibility" in the yuan's value.  Some key passages from the central bank's  announcement: In view of the recent economic situation and financial market developments at home and
Simon Lester 20 Jun 2010 4 min read

Mitchell and Voon on the WTO and Health

From Andrew Mitchell and Tania Voon, Implications of the World Trade Organization in Combating Non-Communicable Diseases, on SSRN.  From the abstract: The World Health Organization (WHO) has proposed a number of strategies to combat non-communicable diseases such as cancers, cardiovascular diseases, chronic respiratory diseases, and diabetes, by targeting the risk
Simon Lester 20 Jun 2010 2 min read

Colares on International Monetary Reform

From Juscelino Colares, Global Imbalances and Liquidity-Induced Bubbles: The Need for International Monetary Reform, posted on SSRN. Here's the abstract: Economic analyses vary with respect to the extent to which deregulation contributed to the financial crisis of 2008-2009, but coalesce on one major cause: excessive leverage and risk-taking.
Simon Lester 20 Jun 2010 2 min read

Gus Van Harten on Investment Treaties

From Gus Van Harten, Five Justifications for Investment Treaties: A Critical Discussion, posted on SSRN.  Here's the abstract: The article examines five common justifications for the investment treaty system in order to highlight aspects of the system that give cause for concern. First, it examines whether investment treaties
Simon Lester 20 Jun 2010 2 min read

An EU Model BIT?

From a recent EU DG Trade civil society meeting on trade and investment: Jean François Brakeland debriefed on the state of play of the preparatory work conducted by the Commission in order to implement the EU exclusive competence on FDI, as conferred by the Lisbon Treaty. He started his presentation
Simon Lester 15 Jun 2010 4 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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