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Investment Treaty Arbitration and Censorship

From Luke Peterson: There are growing signs that investment treaty protections – while rarely discussed in media or human rights law circles - may be surprisingly useful in some cases of repression or censorship of foreign-owned media. While there is growing debate as to the uses of World Trade Organization agreements
Simon Lester 31 Jan 2010 1 min read

Chinese Sanctions on U.S. Companies

From CNN: China has threatened to slap sanctions on American companies that sell arms to its rival Taiwan as part of a range of punitive actions Beijing is taking to protest the deal. I'm not sure what sanctions they have in mind, but it's hard to
Simon Lester 31 Jan 2010 1 min read

Obama "will be talking more about trade this year"

From a Q & A session between Obama and some Republicans: REP. ROSKAM: - ... And on the job-creation piece in particular, you mentioned Colombia, you mentioned Panama, you mentioned South Korea. Are you willing to work with us, for example, to make sure those FTAs get called? That's
Simon Lester 31 Jan 2010 2 min read

High Speed Rail: A Stimulus for Foreign Companies?

From the AP: President Barack Obama is pitching his $8 billion high-speed rail program to Americans as a jobs generator that will revitalize the domestic rail industry. But the full picture is more complicated. Building ultra-fast trains won't create the kind of high-tech, high-paying jobs Americans covet any
Simon Lester 29 Jan 2010 3 min read

The China - Publications AB Report and the Role of Third Participants

In the China - Publications AB report, the EU, a third participant in the appeal, was very influential on one particular issue.  In fact, I'm not sure I've ever seen a third participant have this much impact on the AB's reasoning.  Here's
Simon Lester 27 Jan 2010 5 min read

Obama on Trade: Imports Bad, Exports Good

From a Q & A session after some recent remarks by Obama: Q    Yes, okay, it has to do with international patent rights.  With all this free trade and trade barriers falling, it's really hard for an individual like me with a global-scope patent to file all over
Simon Lester 26 Jan 2010 1 min read

Trade in Everything: Offshoring Prisons

From AFP:  Governor Arnold Schwarzenegger suggested California could ease its crowded prison system by sending thousands of undocumented inmates to specially built jails in Mexico. Speaking to reporters at the Sacramento Press Club, Schwarzenegger said California could ease its strained finances by a billion dollars if 20,000 illegal immigrants
Simon Lester 26 Jan 2010 1 min read

"Why is Censorship a Trade Issue?"

From the Comptuer & Communications Industry Association: WHY IS CENSORSHIP A TRADE ISSUE? The United States is an information economy, and U.S. companies are leading vendors of information products and services. In this context, information discrimination fundamentally undermines market access for electronic commerce, and combating it should top our
Simon Lester 26 Jan 2010 1 min read

Do Free Traders Support Dumping?

From an Australian union leader: "The bottom line is that even free-trade zealots do not support dumping because it is an uncompetitive practice and not a true reflection of market forces."Hmm, I'm not so sure about that one.  I don't think economist Greg
Simon Lester 26 Jan 2010 1 min read

Trade in Everything: Haggis

From the Daily Telegraph: US authorities are considering relaxing an import ban on the Scottish delicacy, brought about by the BSE crisis in 1989, it was reported. The meat dish contains offal, including sheep lung, which was covered by the American restriction on some imported animal products. ... A spokeswoman for
Simon Lester 26 Jan 2010 1 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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