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WTO Dispute Settlement 2008

For those who will be in Geneva next Monday, March 2, the Graduate Institute's Center for Trade and Economic Integration will hold its 2nd Annual "Update on WTO Dispute Settlement," discussing developments in 2008.  The program is here.
Simon Lester 24 Feb 2009 1 min read

U. of Chicago Law Faculty Blog on "The Future of the WTO"

The U. of Chicago Law School Faculty Blog is discussing "The Future of the WTO," with posts by Anu Bradford, Daniel Abebe, Greg Shaffer and Richard Steinberg. Steinberg begins his post as follows:  "As a location for trade negotiation, the WTO is dead."  I'm
Simon Lester 23 Feb 2009 1 min read

Decision out in Byrd Amendment Constitutionality Lawsuit

On Feb. 19, the U.S. Court of Appeals for the Federal Circuit issued its decision in the interesting case about the Constitutionality of the Byrd Amendment.  The name of the case is SKF USA Inc. v. U.S. Customs and Border Protection, Fed. Cir. No. 2008-1005.  The question of
Charnovitz 21 Feb 2009 1 min read

Buy America under WTO Rules

With regard to Brazil's possible WTO complaint against the Buy America stimulus provisions, I had been caught up with trying to figure out how Brazil would deal with the GATT Article III:8(a) exemption.  However, a commenter pointed out SCM Agreement Article 3.1(b), which I
Simon Lester 19 Feb 2009 2 min read

Obama and Harper Talk Trade

From their joint press conference: Q Thank you, to both of you. I've got a question for both of you. Mr. President, on Tuesday you said that now is not the time to reopen NAFTA. But your aides said that you would be trying to convince our friends
Simon Lester 19 Feb 2009 4 min read

Trade Implications of The Auto Bailout

Some experts weigh in: Claire Brunel and Gary Hufbauer of the Peterson Institute: Auto bailouts in the United States and elsewhere largely fall within the purview of the WTO definition of actionable subsidies. But fuel-efficiency and environmental standards complicate the issue, and bringing a case to the WTO based on
Simon Lester 19 Feb 2009 1 min read

"Buy Keynesian"

Todd Tucker at Eyes on Trade points to the following proposal, referred to as a "Buy Keynesian" policy, from John Schmitt at CEPR: The President could rewrite the current "Buy American" restriction to allow US recovery funds to be spent on US goods — as well as
Simon Lester 16 Feb 2009 2 min read

A Possible "Buy America" WTO Complaint

From Reuters: Brazil may challenge the legality of a "Buy American" clause in the recently approved U.S. economic stimulus package at the World Trade Organization, Brazilian Foreign Minister Celso Amorim said on Monday. "It's a complex legal analysis, but we're doing it,
Simon Lester 16 Feb 2009 1 min read

"Naming and Shaming" Protectionism

Gary Hufbauer proposes the following: Here’s one proposal, built on the force of “name and shame.” A visionary private foundation might convene a blue-ribbon bench of respected trade economists and lawyers, independent of any government or the WTO. The bench would be drawn from eminent persons around the world.
Simon Lester 15 Feb 2009 1 min read

The Final "Buy America" Provisions in the Stimulus Bill

The White House approves: Congressional negotiators have come up with the "right compromise" on 'Buy American' provisions of the economic stimulus bill that have raised concern among U.S. trade partners, a White House spokesman said on Thursday. "I think where we ended up with
Simon Lester 13 Feb 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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