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Was There a Free Trade Era, and Is It Over?

This is something I posted on the Baker Institute site last week: Was There a Free Trade Era, and Is It Over? In recent months, there have been excited proclamations from both traditional media voices and Substack upstarts about the end of “neoliberalism” and free trade, and a search for
Simon Lester 16 Jul 2023 6 min read

Journal of International Economic Law New Issue (26:2) Available Now: Contents

The Journal of International Economic Law is pleased to announce its new issue (Vol. 26, Issue 2), now available on the Journal website. This issue features the following articles: * Trade Agreements and Sustainability: Exploring the Potential of Global Value Chain (GVC) Obligations by James Harrison * Supporting the Transition to Climate-Neutral
Kathleen Claussen 11 Jul 2023 1 min read

Some Responses to Lighthizer's Recommendations for the WTO

Former U.S. Trade Rep. Robert Lighthizer has a new book on trade policy. I haven't read the whole book, and I'll leave a full review to others. However, I did come across an excerpt of his seven specific recommendations for the WTO, and I had
Simon Lester 11 Jul 2023 4 min read

More Ron DeSantis on China Trade

As I track U.S. presidential candidates' statements on trade policy, I'm not always going to offer commentary. Sometimes I'll just post the full text, as part of an effort to document everything being said. Here is Ron DeSantis talking to Maria Bartiromo on Fox
Simon Lester 11 Jul 2023 1 min read

A WTO DS Workaround for Appeals Into the Void

Where the party complained against in a WTO dispute appeals into the void and thereby blocks an adverse panel report from having legal effect, can the complaining party just treat the panel report as the final word and move forward with retaliation? The EU has set up a process for
Simon Lester 09 Jul 2023 2 min read

The New U.S.-Taiwan Trade Agreement and Its Approval

This post is by Kathleen Claussen & Timothy Meyer.  It is cross-posted on Lawfare. On June 1, the United States and Taiwan signed a new trade deal. The agreement, which spans eight chapters and 75 pages in the English version, creates obligations for both parties to enhance trade facilitation, adopt
Kathleen Claussen 05 Jul 2023 5 min read

Is Everything We Thought about the World Economy Wrong?

This post is a response to a NY Times piece from a couple weeks ago called "Why It Seems Everything We Knew About the Global Economy Is No Longer True," by the Times' global economics correspondent Patricia Cohen. In my view, there are a number of overstatements
Simon Lester 04 Jul 2023 7 min read

Biden’s ‘Do as I Say, Not as I Do’ Approach to Trade and Industrial Policy Could Harm America in the Future

On June 15, United States Trade Representative Katherine Tai delivered a major trade policy speech advocating for the development of “resilient supply chains” to promote greater national” and economic security. It is difficult to argue with such a goal; resilient supply chains are obviously beneficial for many U.S. businesses,
David A. Gantz 27 Jun 2023 6 min read

Nikki Haley on Chinese Trade and Investment

At AEI today, Republican presidential candidate Nikki Haley gave a speech on the Future of US-China Policy, and in that context said some things about issues related to trade and investment with China. First up, like many other people these days, she wants to revisit the decision to let China
Simon Lester 27 Jun 2023 6 min read

Guest Post: WTO Overload: Time to Offload

This is a guest post by Bashar Malkawi, Global Professor of Practice in Law at the University of Arizona The WTO system by and large is overloaded. Those who are involved in the WTO system frequently seek to extract more from the WTO system than the process can, practically and
Simon Lester 26 Jun 2023 4 min read

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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

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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