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IELP Blog Relocation

Just a quick note to readers that the platform on which the IELP blog is hosted is shutting down at the end of September. Bear with me over the next few weeks as I find a new platform. Blogging might be a bit light during this period.
Simon Lester 27 Aug 2025 1 min read

U.S. State Capitalism as a Response to Chinese State Capitalism

In an interview last week, David Faber of CNBC pressed Commerce Secretary Howard Lutnick on several Trump administration actions that could be characterized as "state capitalism": Faber: As somebody who's been around the capital markets for years, as you have been, I do wonder, how do
Simon Lester 26 Aug 2025 4 min read

A Few Thoughts on Antitrust and Big Tech

I'm no antitrust expert, but I do have some opinions on it, and I'm going to offer a few of them in this post. As an intro, I want to mention a speech by Notre Dame law professor Roger Alford -- whose Opinio Juris blog posts
Simon Lester 24 Aug 2025 3 min read

Wentong Zheng on Presidential Tariffs

University of Florida law professor Wentong Zheng has posted a new paper called "Presidential Tariffs," in which he argues that the IEEPA should not be interpreted to allow the President to proclaim tariff modifications for the purpose of entering into market-opening trade agreements, given that Congress allowed the
Simon Lester 22 Aug 2025 1 min read

Matthew Schaefer on Trump Administration Trade Policy: A Historical Perspective and Key Questions & Takeaways

The following is an excerpt from a new Yeutter Institute piece by University of Nebraska law professor Matthew Schaefer entitled "Trump Administration Trade Policy: A Historical Perspective and Key Questions & Takeaways," offering a good roundup of a lot of the biggest trade policy issues out there at
Simon Lester 22 Aug 2025 11 min read

Todd Tucker on Tariffs and the Role of Courts

In an op-ed in the FT entitled "Opponents of Trump’s tariffs should be wary of relying on the courts," Todd Tucker argues against U.S. courts striking down Trump's IEEPA tariffs. I have some questions and comments on his views of this issue, focusing on
Simon Lester 17 Aug 2025 7 min read

Guest Post: Trump, Trade and Coercion

This is a guest post from Boston College law professor Frank Garcia. (Cross-posted from the Cambridge University press blog) The first year of Trump’s second term has been a chaotic one for trade, as for so much else. Before inauguration, the President had already threatened tariffs against Denmark to
Simon Lester 13 Aug 2025 7 min read

What Trump's Trade Representative Got Wrong

Last week, USTR Jamieson Greer wrote an essay in The New York Times entitled, ‘Trump’s Trade Representative: Why We Remade the Global Order’. Simon has already done the heavy lifting by asking some necessary questions about this new order. Out of all the inaccuracies and “too early to tell”
Mona Paulsen 12 Aug 2025 3 min read

New Security Exception Language Establishes a Two-Tiered Approach

Via Mona Paulsen and Devon Whittle, I see that Chapter 28 of the UK-India trade agreement has some interesting new language on security exceptions. It starts off as expected, with the following: Article 28.2 Security Exceptions 1. Nothing in this Agreement shall be construed to: (a) require a Party
Simon Lester 11 Aug 2025 3 min read

Jamieson Greer on Remaking the Global Trade Order

U.S. Trade Rep. Jamieson Greer had a NY Times op-ed yesterday entitled "Why We Remade the Global Order." I have a few reactions to specific things he said. I'll quote some points from the op-ed and then give a brief response. Greer: Our current, nameless
Simon Lester 08 Aug 2025 5 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Featured

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part I

Thanks to Simon for kickstarting a debate on the prospect of bringing economic security provisions into trade agreements, and for allowing me to respond here.
26 Nov 2025 4 min read

Reviewing the USMCA

Pursuant to the review of the USMCA provided for in Article 34.7, USTR has requested comments and is holding a hearing. USTR's comments portal shows 1,515 comments submitted, so a lot of people had things to say!
12 Nov 2025 3 min read

Is Section 122 of the 1974 Trade Act a Fall-Back Option for Trump to Impose Tariffs?

Without IEEPA authority, as we have all discussed, where there is a will, there is a way. In all likelihood, this way involves the expanded use of other statutory authorities, such as Section 232 of the 1962 Trade Expansion Act and Section 301 of the Trade Act of 1974. In
07 Nov 2025 4 min read

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