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Expropriation Standards in Investment Rules

From the previously mentioned Norwegian draft model BIT (MS Word document) that reader Perry Bechky pointed me to: ARTICLE [6]: EXPROPRIATION 1. A Party shall not expropriate or nationalise an investment of an investor of the other Party except in the public interest and subject to the conditions provided for
Simon Lester 14 May 2008 1 min read

ACP-EU Relations Conference

The Association for International Arbitration (AIA) is organising this conference to promote and create awareness of the Arbitration and Mediation in the ACP (African, Caribbean and Pacific Group of countries) – EU Relations. Our goal is to promote arbitration and mediation as an alternative dispute resolution mechanism, ultimately in benefit of
Simon Lester 14 May 2008 1 min read

Obama and McCain on Cap-and-Trade

Via Peter Gallagher, I came across the following from Obama adviser Jason Grumet: To be unequivocally clear, Sen. Obama believes that the United States must and will act to put a mandatory limit on our domestic greenhouse-gas emissions. That is a predicate for us leading the world to enact a
Simon Lester 13 May 2008 3 min read

The Problem of Food Aid and Local Production

A proposal from President Bush on food aid: As America increases its food assistance, it's really important that we transform the way that food aid is delivered. In my State of the Union address this year, I called on Congress to support a proposal to purchase up to
Simon Lester 12 May 2008 1 min read

ASIL Event - ASEAN's Evolving Legal and Institutional Framework

Please note the following event: The American Society of International Law in conjunction with its International Organizations, International Economic Law, and Law in the Pacific Rim Region Interest Groups as well as The Asian Society of International Law presents ASEAN’s Evolving Legal and Institutional Framework Panelists: Ms. Amelia PorgesCounsel,
Tomer Broude 10 May 2008 1 min read

Regulating Online Gambling, er, Predicting

From the AP: The rising popularity of markets where guesses are wagered on the outcome of everything from presidential elections to celebrity marriages has led to a situation that, well, many had predicted. The Commodity Futures Trading Commission on Thursday said it is considering whether these markets should be regulated,
Simon Lester 09 May 2008 1 min read

What's Going on with Fast Track?

Claude Barfield explains the recent fast track battle and rule changes resulting from the Colombia FTA fight: The Showdown Tellingly, the planning of the coup against the fast-track process came, not from the House Ways and Means Committee, which has jurisdiction over trade, but rather from the Rules Committee. According
Simon Lester 08 May 2008 1 min read

Aircraft Subsidy Wars

No, not Airbus versus Boeing.  This time it's Missouri versus Quebec, fighting over an assembly plant for a Bombardier airplane: Bombardier's preferred site is Mirabel, near Montreal. In 2005, Ottawa offered $350 million in refundable assistance and seems to be sticking to this. Quebec promised a
Simon Lester 07 May 2008 1 min read

Obama on Ethanol

With Obama's fairly good showing last night, I thought it worth looking at some of his trade positions again.  Back in Iowa, he firmly supported ethanol subsidies.  But will the ongoing food price crisis change his views?  Maybe so, based on his recent statements in an appearance on
Simon Lester 07 May 2008 1 min read

OPEC WTO Legislation Introduced

From a press release by Senator Frank Lautenberg: Late last week, U.S. Sen. Frank R. Lautenberg (D-NJ) introduced legislation to force action against the Organization of the Petroleum Exporting Countries (OPEC) for its anti-competitive practices and illegal export quotas on oil, which ultimately lead to higher gas prices here
Simon Lester 06 May 2008 2 min read

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International Economic Law and Policy Blog

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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