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Neoliberalism vs. Post-Neoliberalism vs. Plain Old Mixed Economies

I recently went to an event on industrial policy hosted by the Roosevelt Institute, and on one panel Rana Foroohar of the FT said the following about neoliberalism and post-neoliberalism: So let me scene set a little bit about where we've been, and in particular, the neoliberal paradigm,
Simon Lester 16 Oct 2022 3 min read

The Colombia - Frozen Fries MPIA Appeal

The first MPIA appeal (and second DSU Article 25 arbitration appeal) is now underway as Colombia has appealed the Colombia - Frozen Fries (DS591) dispute. The WTO announced today that the following arbitrators will hear the case: * Mr José Alfredo GRAÇA LIMA (Chairperson) * Mr Alejandro JARA * Mr Joost PAUWELYN With
Simon Lester 12 Oct 2022 3 min read

Katherine Tai on Enforcing Trade Agreements

This is a question on the enforcement of trade agreements from an event at which U.S. Trade Rep. Tai spoke today: I've always been struck at the priority you place on enforcement of trade agreements. It's always a tricky task for any administration. There have
Simon Lester 11 Oct 2022 2 min read

The Origins of Trade Law's Rules on Domestic Regulation

Until now, research into the League of Nations economic discussions was a serious challenge. You needed to be an archives master like Mona Paulsen to make much progress. But things have changed with a new digitization efforts by the UN folks, which includes most -- and eventually all, I think
Simon Lester 09 Oct 2022 2 min read

Where Did "Scientific Basis" Come From in Trade Rules?

At a Congressional hearing recently to confirm Alexis Taylor as Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs, Taylor offered the following comments on "science-based" regulation as an international trade law principle: I think from the question of new trade deals, what I'm very
Simon Lester 02 Oct 2022 2 min read

Another Thing Spiking in 2022 America: Harm to the WTO

Friends of the World Trade Organization (WTO) experienced some distress during the US government’s 2017-2020 cycle.  They did not expect American disrespect for the WTO and its rules to reach a new, much-higher watermark in the current cycle.  But that has occurred.  Responsive commentary has been curiously low-volume so
John Magnus 29 Sep 2022 8 min read

DSU Article 25 Arbitration: A Long-Term Solution for the Appellate Body Crisis?

To date, proposals for the reform of WTO dispute settlement have focused on institutional improvements of the AB, as represented by the Walker proposal, or possible replacement of the two-tier adjudication with one-tier adjudication by a standing body of full-time panelists, as suggested by Hoekman and Marvroidis (“To AB or
Julia Qin 25 Sep 2022 4 min read

MPIA Update: Another Article 25 Arbitration Appeal Likely Coming Soon, New Dispute Sees Procedures Agreed

There are two new developments with the MPIA. First, Australia and China have agreed "to enter into arbitration under Article 25 of the DSU to decide any appeal from any final panel report as issued to the parties in dispute Australia – Anti-Dumping and Countervailing Duty Measures on Certain Products
Simon Lester 21 Sep 2022 2 min read

Enforcing the IPEF: Unilateralism and Incentives vs. Adjudication

This is from an Inside US Trade article from last week: Members of the Indo-Pacific Economic Framework for Prosperity agree on a need to pursue binding commitments, ministers told Inside U.S. Trade last week, but those commitments likely will differ from those in other trade arrangements as countries consider
Simon Lester 19 Sep 2022 3 min read

CfP: A deep dive into the legal world of Trade and the Environment

This call for papers comes from the co-editors of The quest for a Greener tomorrow! A deep dive into the legal world of Trade and the Environment: This book project seeks articles, essays, research papers, legislative comments or case commentaries from interested participants on the following potential sub-themes, - * The
Inu Manak 18 Sep 2022 1 min read

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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

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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