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Laura Tyson on Foreign TRIMs

Writing in the Harvard Business Review, Laura D'Andrea Tyson is concerned about trade related investment measures (TRIMs) in the high-tech sector: Too often foreign governments committed to building their own high-tech economies pressure American companies to outsource their activities. They do this in two ways: by enticing them
Simon Lester 12 Nov 2009 2 min read

Mercurio and Leung: "Is China a 'Currency Manipulator'?"

Bryan Mercurio and Celine Sze Ning Leung have posted "Is China a 'Currency Manipulator'?: The Legitimacy of China’s Exchange Regime Under the Current International Legal Framework" on SSRN.  Here's the abstract: While most economists are in agreement that China’s currency is undervalued,
Simon Lester 12 Nov 2009 2 min read

GATT Article XX and Non-GATT Agreements: Will We Get Some Answers in the China - Exportation Case?

There have been some brief references in the jurisprudence recently as to whether GATT Article XX provides an exception to agreements others than the GATT (see here and, to a lesser extent, here), but no substantive findings on the issue.  The China - Exportation of Raw Materials case (DS394,395,
Simon Lester 10 Nov 2009 1 min read

Pascal Lamy's Lessons of European Integration for Global Governance

From a speech he gave today: The first lesson I would draw is the importance of the rule of law and that of enforceable commitments. Global governance must be anchored in commitments adopted by stakeholders, in rules and regulations with mechanisms which foster and promote its respect. ... The second lesson
Simon Lester 09 Nov 2009 1 min read

More on Trade in Health Services

With the passage of a health care bill this past week-end by the U.S. House of Representatives, I thought it was time for another post on trade in health services.  This time I'll rely on an expert, Lior Herman of ECIPE.  From the abstract of Assessing International
Simon Lester 09 Nov 2009 1 min read

Free Trade Within Canada: For Canadians Only

Bloomberg reports:  Northrop Grumman Corp. can’t challenge Canada’s award of a $140 million contract for weapon- targeting equipment to Lockheed Martin Corp. because it isn’t a Canadian company, the nation’s highest appeals court ruled. Only domestic companies can file complaints based on the country’s internal
Simon Lester 08 Nov 2009 1 min read

Trade in Everything: Heart Operations

From the NY Times: No matter what Congress does with health care legislation in the next few weeks, one thing is already clear: the result will not do much to control the climbing costs of medical care in the United States. And that is why many employers and insurance companies
Simon Lester 08 Nov 2009 1 min read

The Tuna-Dolphin Case: The NAFTA-WTO Conflict Heats Up

From a USTR press release: The Office of the United States Trade Representative announced today that the United States has requested North American Free Trade Agreement (NAFTA) dispute settlement consultations with Mexico regarding Mexico's failure to move its "dolphin safe" labeling dispute from the World Trade
Simon Lester 05 Nov 2009 2 min read

Clean Energy Competition

When I read about proposals to reduce tariffs on environmental goods and services, my sense is that, assuming trade negotiators can agree on anything these days, this should be a goal that is achievable.  On the other hand, subsidies and discriminatory government procurement in the area of clean energy seem
Simon Lester 05 Nov 2009 1 min read

Are Exchange Rate Rules Coming to the WTO?

Economist Simon Johnson writes the following at the NY Times Economix blog: But the mainstream consensus is starting to shift toward the idea that the World Trade Organization (W.T.O.), not the I.M.F., should have jurisdiction over exchange rates. The W.T.O. has much more legitimacy,
Simon Lester 05 Nov 2009 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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