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US vs. China: IPRs

Despite the fact that the Western press is reporting a win for the US in its IPRs dispute with China (see here and here), in reality this seems to be a win for China. Michael Geist (Ottawa) provides excellent initial analysis on his website (click here) showing why China was
Bryan Mercurio 27 Jan 2009 1 min read

Generic Pharmaceuticals, Patent Infringement and Freedom of Transit

Brazil and India are both upset over the interception (and return) by Dutch authorities of generic pharmaceuticals exported from India’s Dr. Reddy’s on route to Brazil. See here for one newspaper article.  The article states: Commerce secretary G.K. Pillai said the department has taken up the matter
Bryan Mercurio 25 Jan 2009 2 min read

Follow-up on Bailing out "Foreign" Car Companies

When I mentioned the Fiat-Chrysler alliance the other day, and expressed a little surprise that a bailout of a "foreign" company would go through without protests by some members of Congress, this is the kind of thing I had in mind: Chrysler LLC should be required to return
Simon Lester 23 Jan 2009 1 min read

Measures to Support Domestic Production

From the Economist: The president of France, Nicolas Sarkozy, has made it clear that support for PSA Peugeot-Citroën and Renault will depend on production staying in the country. This is the kind of measure -- in essence, a location incentive -- that feels like it violates WTO rules, but probably
Simon Lester 23 Jan 2009 1 min read

Foreign Investment and the Auto Bailout

From the FT: Chrysler declared its new alliance with Fiat would enhance its long-term viability yesterday in an apparent bid by the Detroit carmaker to strengthen its case for billions of extra dollars in US government aid. This is interesting.  When I saw the headline about Fiat's alliance
Simon Lester 21 Jan 2009 1 min read

The Hormones Sanctions Trade Battle is Heating Up

Some people in France want to retaliate for the extra import duties just imposed by the U.S. on French cheese: "Symbol versus symbol," said Philippe Folliot, a French member of parliament whose Tarn constituency contains many roquefort producers. "Since the United States has decided to surtax
Simon Lester 21 Jan 2009 1 min read

Separation of Trade Powers

H.R. 496, the "Trade Enforcement Act of 2009", introduced by Reps. Rangel and Levin, would shift some trade power from the President to Congress.  It would create an "Office of the Congressional Trade Enforcer," whose purpose is "to ensure compliance by trading partners of
Simon Lester 20 Jan 2009 4 min read

Buffett on the Trade Deficit

This piece by Warren Buffett is a bit old, but a commenter here just drew it to my attention.  Normally I wouldn't comment on something from so long ago.  However, given that it was published before this blog existed (so I couldn't comment at the time)
Simon Lester 18 Jan 2009 1 min read

Law Clerks at the Appellate Body

The U.S. proposes giving each Appellate Body Member his/her own law clerk: ... Appellate Body members currently rely on a common pool of Appellate Body Secretariat employees to perform research and manage appeals.  However, an Appellate Body member does not have any personal staff dedicated to working on the
Simon Lester 18 Jan 2009 1 min read

Inaugurating a New U.S. Trade Policy

There will be no avoiding trade issues for long, even if President-Elect Obama wanted to, as they will apparently play a role in the inauguration: Barack Obama has a pungent and politically charged inauguration gift coming his way from France. The head of a region in the Pyrenees known for
Simon Lester 16 Jan 2009 1 min read

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International Economic Law and Policy Blog

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Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

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

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