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Jim Bacchus on Responses to Chinese Currency Practices

He is skeptical that a WTO complaint under GATT Article XV would be useful.  From a WSJ op-ed: The second possibility is that the U.S. would—as the new Congressional proposals also contemplate—sue China in the WTO alleging that China's exchange actions are inconsistent with China&
Simon Lester 25 Mar 2010 1 min read

CRS Report on Currency Manipulation: Analysis of WTO Legal Issues

From a recent Congressional Research Service (CRS) report by Jonathan Sanford on Currency Manipulation: The IMF and WTO, here is some brief analysis of WTO legal issues. SCM Agreement Articles 1-3: Whether currency disputes fall under the WTO’s jurisdiction is a debatable issue. The WTO rules specify that countries
Simon Lester 24 Mar 2010 2 min read

House Ways and Means China Currency Hearing

It's going on right now, and it's fascinating.  There's so much being said that it's hard to summarize.  Not sure I'll be able to, at least not right now.  You can watch it here [ADDED: Now that it's
Simon Lester 24 Mar 2010 2 min read

U.S. - Poultry from China: WTO Panels Examining Domestic Law

For those who are into this sort of thing, the U.S. - Poultry from China (DS392) dispute has a very interesting issue related to the examination of domestic law.  In this case, one of the arguments made by the United States was that the statutory provision at issue, which
Simon Lester 23 Mar 2010 1 min read

A WTO Litigation Strategy Question

Let's say you are a government who is concerned about the WTO-consistency of a particular measure of a trading partner.  You'd really like for that measure to be found in violation of WTO rules. Does bringing additional, less convincing, claims against other measures (perhaps related to
Simon Lester 23 Mar 2010 1 min read

The China Currency Issue: The Savings Gap

It has been suggested that the main cause of the U.S. trade deficit with China is the savings gap between the two countries, involving some combination of China saving too much and the U.S. saving too little.  From Morgan Stanley Asia Chairman Stephen Roach: Morgan Stanley Asia Chairman
Simon Lester 21 Mar 2010 3 min read

More on GATT Article XV:4

A few months ago, I tried to do a quick analysis of one aspect of GATT Article XV:4, in the context of a possible WTO claim related to China’s currency peg. The issue I raised was whether, when arguing that an “exchange action” “frustrates the intent” of GATT
Simon Lester 21 Mar 2010 4 min read

A Summary of China Currency Views

I thought it might be interesting to gather up the various views that have been expressed on the China currency issue.  I have two key questions in mind: 1)  Is the Chinese currency peg at an (allegedly) undervalued rate bad for the U.S. economy/global economy? 2)  If it
Simon Lester 19 Mar 2010 8 min read

Paths to Economic Development: Is Services (Part of) the Answer?

Over at vox, Ejaz Ghani of the World Bank argues that services can play a more important role in development than is generally thought: The story of Hyderabad – the capital of the Indian state of Andhra Pradesh – is truly inspiring for late-comers to development. Within two decades, Andhra Pradesh has
Simon Lester 19 Mar 2010 2 min read

Tobacco and Trade/Investment Agreements

Tobacco and trade/investment issues are heating up. Philip Morris is suing Norway: Philip Morris Norway (PMN) has announced it’s going to sue the Norwegian state. They claim the ban against displaying tobacco products that came into force on 01 January is illegal. “These regulations prevent adult consumers from
Simon Lester 19 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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