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Some Quick Reactions to the WTO Panel Report on U.S. - Safeguards on Photovoltaic Products

The WTO panel report on U.S. - Safeguards on Photovoltaic Products was circulated today. Here are a few reactions based on a very quick read of the report. First, it seems like kind of a big deal that a safeguard measure, and in particular a U.S. safeguard measure,
Simon Lester 02 Sep 2021 2 min read

The Solar Safeguards Panel Report - Some First Reactions

The newly-released Panel Report in US – Solar Safeguard (WT/DS562/R) is of course notable in that, for the first time, a global safeguard measure challenged in WTO dispute settlement has fully survived panel review. A longstanding practice of imposing standards so high that they could never be satisfied has
Jesse Kreier 02 Sep 2021 1 min read

USMCA State-State DS Is Keeping Busy

Panel composition in a second USMCA dispute, on U.S. - Solar Safeguards, was recently announced (the first USCMA dispute panel to be composed was discussed here). The panelists are: * Mario Matus, Chair, by agreement of the disputing Parties * Jennifer Hillman, Appointed by Canada, the complaining Party * Donald M. McRae,
Simon Lester 01 Sep 2021 1 min read

Trade, Executive Agreements and US Law: Invitation to Trouble?

It may not be a new idea, but recent developments remind me how the status of US trade agreements as executive agreements, and the consequent (lack of a) role for them in US domestic law, has hindered the United States’ ability to comply with its international obligations, and generated unnecessary
Jesse Kreier 31 Aug 2021 2 min read

The Place of China in U.S. Foreign Policy After 9/11 and China's WTO Accession

Former State Department official Evan Feigenbaum was recently part of an oral history project on the George W. Bush presidency. I found his comments on that administration's initial focus on China in foreign policy but subsequent shift to the Middle East after 9/11 very interesting. I have
Simon Lester 29 Aug 2021 14 min read

Economic Sanctions, Nuclear Proliferation and Regional Stability: Whither Iran & the Biden Administration?

From its earliest days, restoring the Iran nuclear deal has been a priority of the Biden Administration. A signal foreign policy accomplishment of former US President Barack Obama, the deal involved Iran agreeing to concrete verifiable steps to constrain those aspects of its nuclear energy program feared by the West
Rob Howse 26 Aug 2021 9 min read

Entries for the 2022 Hart SIEL-HART Prize in International Economic Law open in September 2021

This is from Hart and SIEL: ABOUT THE PRIZE The SIEL–Hart Prize is awarded every 2 years to an outstanding unpublished manuscript by an early career scholar in the field of International Economic Law and is sponsored by the Society of International Economic Law and Hart Publishing. WHAT CAN
Simon Lester 26 Aug 2021 1 min read

A Possible Fifth MPIA Case

I previously noted the four WTO disputes where agreed procedures between the parties for using the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) have been circulated (as well as an agreement to use Article 25 arbitration outside the context of the MPIA). There is now a fifth dispute, China - AD/
Simon Lester 20 Aug 2021 1 min read

Guest Post: New Book on Climate Clubs and International Trade and Investment Law

This is a guest post from law professor Rafael Leal-Arcas Climate Clubs for a Sustainable Future: The role of international trade and investment law (Kluwer Law International, 2021), by Rafael Leal-Arcas (Queen Mary University of London). We know the science of climate change; we know the economics of climate change;
Simon Lester 10 Aug 2021 3 min read

How Did the U.S. Set Tariffs When Unconstrained by Trade Agreements?

Here's an excerpt from a very interesting new paper by Doug Irwin and Anson Soderbery: What objective is a government trying to achieve in setting import tariffs? ... what factors would drive government behavior in the absence of such agreements when countries have complete autonomy in setting tariff rates?
Simon Lester 09 Aug 2021 2 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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

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