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Comments by WTO Members on the First Article 25 Arbitration Appeal (Plus Some U.S. Domestic Politics)

The Turkey - Pharmaceutical Products Article 25 arbitration award, which functioned as an alternative appellate review mechanism while Appellate Body appointments are still blocked, was discussed at the August 29 DSB meeting. Here's how the WTO web site summary of the meeting described comments from WTO Members on
Simon Lester 30 Aug 2022 4 min read

Meet the New Industrial Policy, Same as the Old Industrial Policy

Here is a piece I published last week on the Baker Institute blog: MEET THE NEW INDUSTRIAL POLICY, SAME AS THE OLD INDUSTRIAL POLICY? With the recent enactment of the CHIPS and Science Act, longtime advocates of industrial policy are feeling a sense of triumph, and proclaiming that U.S.
Simon Lester 28 Aug 2022 4 min read

How Will Authors React if Software Can Identify Authorship of WTO Dispute Rulings?

Back in 2019, I wrote about a paper by Joost Pauwelyn and Krzysztof Pelc on the role of the Secretariat in WTO disputes, following up on Joost's own post about the paper. As Joost put it, this is what they did and what they found: We begin by
Simon Lester 21 Aug 2022 4 min read

Forced Labor in International Economic Law: U.S. and Chinese Initiatives, and the Persistent Silence of the Exploited

In the United States, August is the time of year when professors and students scramble to get their affairs in order before the academic term. I should be doing those things. Instead (I’m not procrastinating, you’re procrastinating), I’ve decided to share my thoughts on the recent forced
Desiree LeClercq 14 Aug 2022 4 min read

Electric Vehicle Tax Credits and Non-Discrimination under the Inflation Reduction Act

The Inflation Reduction Act (IRA) that was recently passed by the Senate has a complex set of assembly and content requirements for its electric vehicle (EV) tax credits. This post offers a few thoughts on domestic content requirements as a matter of policy, possible U.S. justifications under WTO law
Simon Lester 11 Aug 2022 6 min read

(Untitled)

Here is a link to the transcript of my July 2022 Podcast on the optimal components of a worker-centered US trade policy. (Thanks to Torres Trade Law) /content/files/podcast_images/transcript/8528--Episode-8---Worker-Centered-Trade.pdf
Charnovitz 11 Aug 2022 1 min read

Using Trade Strategies to Combat Forced Labor

Using Trade Strategies to Combat Forced Labor Steve Charnovitz 10 August 2022 What is the role of trade strategies in combatting forced labor? As an international lawyer addressing an international problem, I always begin analysis with international strategies. Since forced labor is inherently a labor issue, one should begin with
Charnovitz 10 Aug 2022 13 min read

Can Tariffs Help Bring Down Carbon Emissions? Maybe, But Probably Not Under Current Proposals

Recently, I came across two arguments for the U.S. and EU to use tariffs as penalties designed to bring down carbon emissions: * Senator Sheldon Whitehouse suggested that "laggards and high polluting countries [will be] forced to step up and comply by virtue of the economic pressure on them
Simon Lester 07 Aug 2022 4 min read

The Turkey - Pharmaceutical Products Article 25 (Appellate Review) Award

Meet the new appellate review, same as the old appellate review? That was my first thought as I read the Article 25 arbitration award in Turkey - Pharmaceutical Products, the first time Article 25 has been used for appellate review. But I have only just skimmed it quickly at this
Simon Lester 25 Jul 2022 2 min read

Dani Rodrik's Latest

For almost as long as I've been working in trade policy, Dani Rodrik has been pushing for more protectionism and industrial policy, less trade and globalization, and weaker international trade institutions. He calls his latest argument for this approach "productivism," and he recently wrote a short
Simon Lester 24 Jul 2022 4 min read

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International Economic Law and Policy Blog

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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

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

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