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Anti-Dumping on the Rise

Conventional wisdom holds that anti-dumping cases increase during economic downturns.  Chad Bown's latest research seems to confirm this: Newly available data tracking the first of these trade policies - the initiation of new antidumping investigations and new antidumping measures imposed - show a marked increase in 2008 corresponding
Simon Lester 07 Mar 2009 1 min read

New Journal: Trade, Law and Development

The National Law University, India has launched Trade, Law and Development, a bi-annual, student-run, academic journal: Inspired by the best traditions of scholarly journals worldwide, Trade, Law and Development seeks to explore inter-disciplinary perspectives on the international legal order, focusing on issues of relevance to the international trading system, environment
Simon Lester 07 Mar 2009 1 min read

The Purpose of SCM Agreement "Countermeasures"

In the ongoing arbitration in the U.S. - Cotton Subsidies case, the parties disagree on the purpose of "countermeasures" imposed under SCM Agreement Articles 4.10 and 7.9.  In its written submission, the United States argues: 340. Articles 4.10 and 7.9 of the SCM
Simon Lester 05 Mar 2009 1 min read

The Future of U.S. Trade Policy

Brandon Wu of Global Trade Watch reports on a public hearing on the proposed United States-Trans-Pacific Partnership Free Trade Agreement, where, he notes, a USTR official made the following point: Today's hearing was to be a "different exercise than that which we've been doing for
Simon Lester 04 Mar 2009 1 min read

Wolfe on the Special Safeguard "Fiasco"

Robert Wolfe explains how the Special Safeguard Mechanism brought down the latest attempt to move the Doha round forward : The July 2008 attempt by a group of ministers to agree on modalities for the WTO's Doha Round broke down in part because they could not agree on a
Simon Lester 04 Mar 2009 1 min read

Latest Newsletter from SIEL

A summary of the latest Society of International Economic Law ("SIEL") newsletter is below for those of you not yet members of the SIEL ; ) This edition, as well as the previous newsletters, includes information on SIEL and IEL events around the world (more info at www.sielnet.org)
Colin Picker 04 Mar 2009 1 min read

USTR Trade Agenda 2009

While the confirmation hearing of USTR nominee Ron Kirk has been postponed to next Monday, those of us seeking some positive signaling from the Obama administration about its future trade policies will do well to read the 7-page "Overview of the 2009 Agenda" in USTR's 2008
Tomer Broude 03 Mar 2009 1 min read

Non-Discrimination under NAFTA Chapter 11

From the claimants' submission in the Grand River Enterprises NAFTA Chapter 11 case: There is simply no room in the language of [the NAFTA Chapter 11 National Treatment and MFN] provisions for reading-in the requirement for an investor to either prove that the measures according less favorable treatment were
Simon Lester 02 Mar 2009 2 min read

China Currency Talk

The rhetoric a few weeks back from Obama's new Treasury Secretary Tim Geithner on China's currency "manipulation" has generated a bit of a response.  Here's a sampling: The Economist: CHINA has been accused of “manipulating” its currency by Tim Geithner, America’s
Simon Lester 27 Feb 2009 1 min read

A Trade and Environment Success Story

Not all trade and the environment conflicts result in protests outside the WTO.  The Economist reports on one success story: UNTIL recently, the glaze on most Mexican pottery contained lead. ... . [As a result,] products were banned from the American market, where their hand-painted beauty could fetch much higher prices than
Simon Lester 24 Feb 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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