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Renovating the International Architecture for Economic Growth and Social Justice

Renovating the International Architecture for Economic Growth and Social Justice Steve Charnovitz 6 August 2020 One of the enduring lessons of the past 150 years is the value added from international rules and transnational mimesis.  National (and subnational) governments are the primary providers of public regulation and public goods, but
Charnovitz 06 Aug 2020 4 min read

ISDS in a U.S.-Kenya FTA

It's one thing not to have ISDS in a U.S.-UK FTA, but what about in a U.S. FTA with Kenya? Investment in developing countries is what people who worry about risks associated with foreign investment seem to worry most about. This came up recently at
Simon Lester 06 Aug 2020 2 min read

USTR Is Hiring People for USMCA Labor and Environment Enforcement

This is a question from Senator Grassley to U.S. Trade Rep. Lighthizer at the Senate Finance Committee Hearing on The President’s 2020 Trade Policy Agenda, from June 17, 2020: In the USMCA implementing bill, Congress provided USTR a significant increase in funding. We must continue to assess the
Simon Lester 06 Aug 2020 1 min read

The MPIA Pool of Arbitrators Has Been Announced

Here: ... the Multi-Party Interim Appeal Arbitration Arrangement pursuant to Article 25 of the DSU is composed of the following persons: • Mr Mateo Diego-Fernández ANDRADE • Mr Thomas COTTIER • Ms Locknie HSU • Ms Valerie HUGHES • Mr Alejandro JARA • Mr José Alfredo Graça LIMA • Ms Claudia OROZCO • Mr Joost PAUWELYN • Ms Penelope RIDINGS
Simon Lester 03 Aug 2020 1 min read

Guest Post: Appointing Appellate Body Members by Majority would Undermine, Not Preserve the Rule of Law

This is a guest post from law professor Geraldo Vidigal: I just had an exchange with Henry Gao on his post below and thought it could be useful to develop on the issue here. Gao argues that the WTO Ministerial Conference should move to appoint a WTO Director-General by majority
Simon Lester 31 Jul 2020 5 min read

What Exactly Did Biden Say About ISDS?

A couple days ago, I posted about Biden's responses to trade questions from the United Steelworkers. Here's what he said about ISDS: I don't believe that corporations should get special tribunals that are not available to other organizations. I oppose the ability of private
Simon Lester 30 Jul 2020 2 min read

The Solution to the DG Crisis Comes from the AB

According to Reuters, the simple decision of appointing one of the DDGs as the Acting DG has run into impasse due to the insistence of the US to appoint Alan Wolff instead of Karl Brauner as most Members prefer. While seemingly surprising, I think this is the natural consequence of
Henry Gao 29 Jul 2020 1 min read

Biden Responds to Steelworkers on Trade

Presidential candidate Joe Biden has responded to questions from the United Steelworkers here. There were some interesting questions and answers on trade. The whole exchange is below, but here are a few highlights: -- It seems pretty clear that ISDS will not be in future Biden trade agreements. -- He
Simon Lester 28 Jul 2020 10 min read

The USCIT's Transpacific Decision

Gary Hufbauer and I comment on the recent landmark decision in the US Court of International Trade voiding President Trump's tariff action against Turkish steel: https://voxeu.org/content/landmark-court-decision-limits-presidential-trade-restrictions
Charnovitz 28 Jul 2020 1 min read

Distorted Input Prices - Still in the Dark

A new panel report is out that addresses yet again the question of whether, and if so when, a Member can disregard “distorted” costs in determining normal value (and replace them with higher “undistorted” costs). EU-Cost Adjustment Methodologies, DS494. This issue has now been taken up in four WTO disputes,
Jesse Kreier 26 Jul 2020 2 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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