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Additions to the MPIA

There have been two recent additions to the MPIA: One new party and one new arbitrator nomination. The new party is Benin, which notified its decision to join on June 22. The new arbitrator nomination is the great Thomas Cottier. The World Trade Institute had this announcement: Switzerland has nominated
Simon Lester 09 Jul 2020 1 min read

Guest Post: Transnational subsidies II (continued) – WTO concerns over the EU’s Foreign Subsidies White Paper

This is a guest post is from Victor Crochet and Marcus Gustafsson, trade lawyers with Van Bael & Bellis Cross-border subsidies have become a growing source of concern as states increasingly ‘globalize’ the use of subsidies for their commercial or wider strategic advantage. On 17 June 2020, the European Commission
Simon Lester 05 Jul 2020 4 min read

The USMCA Chapter 31 Dispute Settlement Roster Is Set

The roster of panelists for USMCA Chapter 31 state-state dispute settlement is out (the list of rapid response labor panelists for the Canada-Mexico mechanism is here, and for the U.S.-Mexico mechanism is here). Recall that the absence of a roster under NAFTA appears to have been a cause
Simon Lester 03 Jul 2020 4 min read

More from the U.S. on DSU Article 11

At the June 29 DSB meeting, in the context of discussing the Australia - Plain Packaging AB report, the U.S. made the following comment on DSU Article 11 appeals: As the United States has explained, and Members know well, Article 17.6 of the DSU limits an appeal “to
Simon Lester 30 Jun 2020 3 min read

Case Studies in Chinese Economic Pressure

Recently, a trade economist asked me if I had come across a list of instances where the Chinese government had put economic pressure on another government in relation to a non-trade issue. I hadn't seen anything, but it seemed worth digging into, so I put an excellent Cato
Simon Lester 28 Jun 2020 1 min read

Insights on Vanadium and US Trade Policy

Here is my submission to the US Department of Commerce, Section 232 Vanadium Investigation, Docket No. BIS­–2020–0002 Prof. Steve Charnovitz George Washington University 26 June 2020 In Section 232 of the Trade Expansion Act of 1962, the US Congress delegated authority to the President to require Trade Contraction
Charnovitz 26 Jun 2020 5 min read

“Personal Dignity” as a Non-Trade Value in Trade Policy?

I was struck by the notion of “personal dignity” in USTR Lighthizer’s recent article “How to Make Trade Work for Workers.” He framed the article by asking the question: “What should the objective of trade policy be?” Instead of the goals of promoting world peace and economic efficiency, Lighthizer
Julia Qin 24 Jun 2020 2 min read

Transnational subsidies - Part II

Over the past few weeks, various posts have appeared on this blog relating to the issue of transnational subsidization. These posts have focused on one specific aspect of the problem – the extent to which the EU could countervail imports from one country (Egypt), where they are subsidized by a third
Jesse Kreier 24 Jun 2020 1 min read

India, South Africa and the MPIA

We hear much of the WTO Members who are pushing the MPIA, and much also of US opposition, but less about the views of many other Members, such as India, South Africa and ACP countries, who have not signed on. So it was with some curiosity that I attended a
Jesse Kreier 23 Jun 2020 1 min read

Food Regulation, Science, Protectionism, and Regulatory Autonomy/Sovereignty

I feel like the role of science in trade agreements doesn't get enough attention, and I'm always excited to see someone trying to raise the profile of this issue. Here is a question from Congressman Earl Blumenauer at last week's House Ways and Means
Simon Lester 22 Jun 2020 7 min read

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International Economic Law and Policy Blog

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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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