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A Trade in Services Dormant Commerce Clause Case

Someone is challenging Wisconsin's diploma privilege as a violation of the dormant commerce clause: Wisconsin’s diploma privilege for graduates of the law schools at Marquette University and the University of Wisconsin may be in danger, at least if the Seventh Circuit reviews the merits of the privilege.
Simon Lester 14 Apr 2009 1 min read

Counter-measures defence raised in NAFTA Chapter 11 claims against Mexico

A guest post from Luke Eric Peterson of the Investment Arbitration Reporter : In recent weeks, Mexico has slapped retaliatory tariffs on certain US goods – and sought to justify this by pointing to the US failure to provide greater access for Mexican trucks (more specificially, Mexico cites a failure of the
Simon Lester 13 Apr 2009 3 min read

WTO Analytical Index: Is it Really "Authoritative" and a "Source of WTO Law"?

Almost any person involved in WTO legal issues consults regularly the WTO  analytical index to see what panels and the Appellate Body said about a provision. The Index presents itself as " the authoritative guide to the interpretation and application of findings and decisions of WTO panels, the WTO Appellate
Marc Benitah 12 Apr 2009 1 min read

The Stimulus and Buy America: Not Everyone is Worried

Spain sees it as an opportunity: AMERICAN companies are not the only ones hoping for a boost from Barack Obama’s economic stimulus plan. Spanish firms are also positioning themselves to benefit from what they call el Plan Obama. Other foreign companies are jostling for some of the $317 billion
Simon Lester 12 Apr 2009 1 min read

Trade in Everything: Easter Edition

From the Austrian Times: Egg imports are set to jump this Easter in Austria on the back of falling supply and growing demand, producers have said. Imports of eggs from Germany and the Netherlands are expected to rise by 25 per cent as Austrians will reportedly buy 50 million Easter
Simon Lester 12 Apr 2009 1 min read

Harry Reid on "Protectionism"

Many of this blog's readers are probably aware that I'm a bit obsessed with the word "protectionism."  Here's another post where I parse the meaning.  This time it's based on some things Harry Reid said in relation to the G-20&
Simon Lester 09 Apr 2009 1 min read

And the Nominees Are ...

There are two Appellate Body positions coming open in the next year.  Reuters reports on the nominees: Hector Torres (Argentina) - former representative at the International Monetary Fund. Ellen Gracie Northfleet (Brazil) - supreme court judge. Ronald Saborio Soto (Costa Rica) - long-serving WTO ambassador. Peter Van den Bossche (EU
Simon Lester 09 Apr 2009 1 min read

SIEL/CUP Prize for an Essay on International Economic Law

A prize has been established by the Society of International Economic Law and Cambridge University Press for the best essay submitted on any topic in any field of international economic law. The competition is open to current students and those who have graduated within the last five years. The prize
Lorand Bartels 08 Apr 2009 1 min read

The Trucking Dispute: Not Just About Trade Anymore

The Trucking Dispute is now a NAFTA Chapter 11 investment dispute as well: After nearly two years of resisting the opening of the U.S.-Mexico border to long-haul trucking operations, the Mexican motor carrier association now is taking the U.S. to “NAFTA court.” Canacar filed a Notice of
Simon Lester 07 Apr 2009 1 min read

Perry Bechky on the G20 and Soft Law

A guest post from blog reader Perry Bechky: Where does the trade language in the two G20 summit declarations fall on the famous soft-to-hard spectrum in international law?   The November declaration says, “[W]ithin the next twelve months, we will refrain from raising new barriers to investment or to trade
Simon Lester 06 Apr 2009 2 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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