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GATT Article XII and Trade Balancing

In the comments, Jim Mathis points me to this paper by Terence Stewart and Elizabeth Drake, entitled "Addressing Balance-of-Payments Difficulties under World Trade Organization Rules". The background they provide on GATT Article XII and balance of payments issues is excellent. They pack a lot of information into a
Simon Lester 05 Apr 2010 3 min read

Treasury Delays the "Currency Manipulation" Decision

As everyone has probably heard by now, Treasury Secretary Geithner announced over the week-end that he would delay the decision on whether to label China a currency manipulator.  From the press release: I have decided to delay publication of the report to Congress on the international economic and exchange rate
Simon Lester 05 Apr 2010 5 min read

Call for Submissions to ASIL Insights - International Economic Law Edition

The International Economic Law Interest Group (IEcLIG) of the American Society of International Law (ASIL) is soliciting short submissions to ASIL Insights- International Economic Law Edition.  ASIL Insights are meant to provide objective, succinct analysis of topical issues.  Subjects should be timely and submissions should be short (less than 2000
Sungjoon Cho 03 Apr 2010 1 min read

The Impact of Currency Manipulation and Government Subsidies

In the comments, Peter Gallagher refers me to an op-ed by Greg Mankiw on Chinese currency excange rate issue.  To me, the key point in the Mankiw piece is this one: Critics of China say it is keeping the yuan undervalued to gain an advantage in the international marketplace. A
Simon Lester 02 Apr 2010 1 min read

DOC Evaluating Prospective vs. Retrospective Duty Systems

From a DOC federal register notice: In the conference report accompanying the 2010 Consolidated Appropriations Act, Public Law: 111-117, the conferees directed the Secretary of Commerce to work with the Secretaries of the Departments of Homeland Security and the Treasury to conduct an analysis of the relative advantages and disadvantages
Simon Lester 02 Apr 2010 1 min read

Too Neoliberal, or Not Neoliberal Enough?

Over at Eyes on Trade, Travis McArthur links to an article about Bill Clinton's views on free trade, which states: Former U.S. President Bill Clinton says the free-trade agriculture policies he supported as president were a mistake. Many critics blame these policies for contributing to Haiti'
Simon Lester 31 Mar 2010 3 min read

Electric Vehicle Pricing

From the AP: Nissan Motor Co. said Tuesday its new electric car will cost just over US$25,000 in the U.S., a move that could force rivals to lower prices on similar vehicles. The Leaf, a four-door hatchback due in showrooms late this year, will have a base
Simon Lester 31 Mar 2010 1 min read

GATT Article I:1 (MFN) and "Conditions" for Lower Tariffs

From a recent article in The Australian: China yesterday raised the prospect of tariffs and new policies to stem growing uncertainty in its steel industry, which faces iron ore price hikes of up to 90 per cent this year. China's Commerce Ministry said yesterday it was preparing a
Simon Lester 28 Mar 2010 3 min read

Excerpts from the House Ways and Means China Currency Hearing

I couldn't find video of the House Ways and Means hearing on China's exchange rate policy, but I did get my hands on a transcript.  Here are some interesting tidbits: What should the U.S. do about the China currency issue? BERGSTEN: You don't
Simon Lester 26 Mar 2010 5 min read

Clyde Prestowitz on Expanding the Trade Regime

From his written testimony at the House Ways and Means hearing on China's exchange rate policy: We have a WTO, but what we really need is a world globalization organization. ... Over the longer term, the currently prevailing half-free trade, half-mercantilist system of globalization must be replaced by the
Simon Lester 25 Mar 2010 1 min read

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International Economic Law and Policy Blog

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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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