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Discrimination Arguments in the AbitibiBowater NAFTA Chapter 11 Claim

Taking a quick break from the big picture questions in the Great Trade Debate, I'm going to bring up a very narrow and technical trade issue:  How to apply a non-discrimination standard in the NAFTA Chapter 11 context. As was widely reported last week, AbitibiBowater is going ahead
Simon Lester 04 Mar 2010 3 min read

Jim Bacchus on Global Financial Regulation: The GATT vs. The WTO

Former Appellate Body Member Jim Bacchus would like to see a "financial GATT," but not a "financial WTO": U.K. Chancellor of the Exchequer Alistair Darling has summed up the case for international coordination. "If everyone does their own thing it will achieve absolutely nothing.
Simon Lester 04 Mar 2010 1 min read

Trade and ... Censorship, Marijuana and Abortion

It's not a sophisticated legal analysis, but I found this blogger's points to be interesting in terms of how non-specialists see the scope of trade rules: When business people are in doubt, they can always claim unfair trade in order to tap government diplomats and the
Simon Lester 04 Mar 2010 1 min read

Ron Kirk's Senate Finance Testimony on the 2010 Trade Agenda

Todd Tucker of Eyes on Trade live blogged it.  See his post for some basic details, or watch the video here.  I'll just mention a couple points (a rough transcription, not verbatim) that struck me as interesting. First, Senator Grassley expressed concerns about the possibility of incorporating labor
Simon Lester 03 Mar 2010 1 min read

The Great Trade Debate: Dan Griswold - The “Fletcher Tariff” would cripple U.S. producers and invite retaliation

By Daniel Griswold   In the spirit of civility, something lacking in Washington these days, let me start with a compliment for my worthy opponent. Ian Fletcher has resisted the temptation to demagogue trade and jobs. He is right that trade and the trade deficit do not cause a net loss
Simon Lester 02 Mar 2010 3 min read

The Great Trade Debate: Ian Fletcher - Reply to Dan Griswold on Free Trade

By Ian Fletcher Dan’s cheery (if somewhat bubble-inflated) statistics on the recent general prosperity of the U.S. are a mere distraction here, as nothing about these figures indicates whether free trade worsened or improved them.  So I will not address them. Some of Dan’s analytically-relevant assertions, however,
Simon Lester 02 Mar 2010 3 min read

Google's Plan for Promoting Internet Openness

In testimony before the the Senate Committee on the Judiciary, Subcommittee on Human Rights and the Law, at at a hearing on "Global Internet Freedom and the Rule of Law, Part II," Nicole Wong, Vice President and Deputy General Counsel of Google, provides some suggestions for "how
Simon Lester 02 Mar 2010 1 min read

The Obama Administration's Investor Protection Policy

From Chapter 1 of the Obama Administration's 2010 Trade Policy Agenda: Work to Resolve Outstanding Issues with Pending Free Trade Agreements and Build on Existing Trade and Investment Arrangements ... Substantial investment in foreign markets has become an indispensable foundation for supporting many American exports. Bilateral Investment Treaties are
Simon Lester 02 Mar 2010 1 min read

EU denies preferences to products from Israeli settlements

The European Court of Justice decided an interesting case last week (Case C-386/08, Brita, 25 February 2010). The Hauptzollamt Hamburg-Hafen (the main customs office of the port of Hamburg) had refused to give preferential treatment under the EC-Israel Association Agreement to products manufactured by an Israeli company in the
Lorand Bartels 01 Mar 2010 2 min read

The Great Trade Debate: Ian Fletcher - Free Trade Fails in Both Theory and Practice

Free Trade Fails in Both Theory and Practice By Ian Fletcher Free trade is gradually bleeding America’s economy to death, and the much-promoted myth that economics vindicates it does not survive serious scrutiny. To debate this issue without bogging down in semantics, we need to make a few things
Simon Lester 26 Feb 2010 3 min read

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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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