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Trade 2.0

"Trade 2.0," posted on SSRN by Anupam Chander.  Here is the abstract: Where the last century saw the dismantling of barriers to trade in goods, the new century will see the dismantling of barriers to trade in services. Once theorized as nontradable, services now join goods in
Simon Lester 06 Jun 2009 1 min read

Dan Ikenson on a Chinese Company Buying Hummer

As many have probably heard already, a Chinese company is likely to buy the Hummer brand.  Dan Ikenson of Cato offers the following thoughts on the deal: Not only is the Hummer offer the first bid for a GM asset in bankruptcy, but the bidder is foreign. Not only is
Simon Lester 03 Jun 2009 1 min read

The Scope of DSU Article 21.5: Claims That Could Have Been Brought in the Original Proceeding

In the recent U.S. - Zeroing (EC), Article 21.5 dispute, there was a systemic issue related to bringing "new" claims in an Article 21.5 proceeding:  If a claim could have been brought against the measure at issue in the original proceeding, but was not, can
Simon Lester 02 Jun 2009 3 min read

Does the GM Bailout/Takeover/Bankruptcy Violate the GATT?

Phil Levy of AEI makes the case in relation to one aspect: GM had recently informed Congress that it planned to produce roughly 50,000 subcompacts per year in China to sell in the U.S market in the near future. However, on Thursday, UAW President Ron Gettelfinger said that
Simon Lester 01 Jun 2009 1 min read

The Response to Buy America

From Canada's National Post: The federal government is looking to cut a deal with Washington that would persuade U.S. legislators to repeal controversial Buy American measures that Canadian firms say are costing them sales and forcing them to shed jobs. The key element of such a pact,
Simon Lester 29 May 2009 1 min read

Trade in Everything: Self-Outsourcing?

A reader points me to the following from the Onion: More American Workers Outsourcing Own Jobs Overseas
Simon Lester 29 May 2009 1 min read

Subsidy Wars

Moving away from cars, over to agriculture: Twenty-nine countries at the World Trade Organization criticized the United States on Wednesday for reintroducing export subsidies on U.S. dairy products, calling the handouts a dangerous retreat into protectionism and warning of "subsidy wars." ... The U.S. view was that
Simon Lester 27 May 2009 1 min read

Using Free Trade to Promote Development

Over at vox, Kimberly Elliott says the U.S. should lower tariffs on imports from poor countries: ... the Doha Round, under the best of circumstances, will take some time to conclude, and the US and other rich countries should move as quickly as possible to further open their markets to
Simon Lester 27 May 2009 1 min read

Lowering the Costs of Cap and Trade

The Economist reports the following on the latest "cap and trade" proposals in the U.S.: On May 15th Henry Waxman and Edward Markey, the Democratic point-men on climate change in the House of Representatives, unveiled a bill that would give away 85% of carbon permits for nothing,
Simon Lester 25 May 2009 1 min read

Congrats to the ELSA WTO Moot Court Winners!

Andrew Mitchell of Melbourne Law School writes with the following: Melbourne Law School has won the 2008-2009 European Law Students’ Association WTO Moot Court Competition in Taipei! The Melbourne team, comprising Laura Bellamy (LLB), Rudi Kruse (JD), Erica Leaney (LLB) and Christopher Tran (LLB) and coached by Associate Professors Andrew
Simon Lester 24 May 2009 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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