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Simon Lester
United States
Recent Activity
What Is the Economic Purpose of the GATT/WTO? Free Trade/Anti-Protectionism vs. Market Access
In his latest Trade Talks podcast, my friend Chad Bown has covered a topic that he and I have discussed several times: What is the economic purpose of the GATT/WTO? I assume he knew his podcast would generate a reaction... Continue reading
Posted 4 days ago at International Economic Law and Policy Blog
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Another Canada - Dairy TRQs Panel
When I say "another" in the title, I mean that in two senses: a second USMCA Canada - Dairy TRQs panel brought by the U.S.; and another one to complement the one recently brought by New Zealand under the CPTPP.... Continue reading
Posted 4 days ago at International Economic Law and Policy Blog
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Guest Post: The EU’s Industrial Strategy and Supply “Resilience”
This is a guest post from Victor Crochet, Trade lawyer and PhD student at Cambridge University In response to the United States of America (“US”) Inflation Reduction Act and regained interest in industrial policies, the European Union (“EU”) recently announced... Continue reading
Posted 7 days ago at International Economic Law and Policy Blog
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First CPTPP Panel Composed
As noted on the blog here, in May 2022 New Zealand filed the first ever CPTPP consultations request, relating to Canadian measures "concerning the allocation of dairy tariff rate quotas (TRQs) under CPTPP (dairy TRQ allocation measures)." A panel request... Continue reading
Posted Mar 16, 2023 at International Economic Law and Policy Blog
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Japan Joins the MPIA
There seems to be a bit of momentum with the MPIA these days. There was the recently issued Colombia - Frozen Fries award, which MPIA Arbitrator Joost Pauwelyn told us about. And now Japan is joining the arrangement, as METI... Continue reading
Posted Mar 10, 2023 at International Economic Law and Policy Blog
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One More Time on Manufacturing and Trade Balances
Rob Atkinson was nice enough to respond to my post on manufacturing and trade balances. I have thoughts on a lot of the points he made, but to keep the debate as simple and clear as possible, I'm going to... Continue reading
Posted Mar 1, 2023 at International Economic Law and Policy Blog
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Manufacturing and Trade Balances: A Response from Rob Atkinson
This is a response from Rob Atkinson of ITIF to my post on Manufacturing and Trade Balances: Recently Simon Lester and I got in a Twitter debate about the importance of the trade deficit and manufacturing. Interesting as far as... Continue reading
Posted Feb 22, 2023 at International Economic Law and Policy Blog
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Manufacturing and Trade Balances
Recently, I tweeted this about the trade balance: Ro Khanna's Twitter bio says "Trade surplus again." I wish people would think more deeply about the trade balance. Here are some good pieces to read: https://cato.org/blog/trade-deficit-disorder… https://cato.org/testimony/americas-misunderstood-trade-deficit… https://cato.org/free-trade-bulletin/bad-news-trade-deficit-often-means-good-news-economy My basic point... Continue reading
Posted Feb 12, 2023 at International Economic Law and Policy Blog
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New Paper on "The Extension of Legal Precedent": How Much Reliance on Precedent Is Too Much?
Precedent in trade law is a hot topic these days. Jeffrey Kucik, Lauren Peritz, and Sergio Puig have a new article out called "Legalization and Compliance: How Judicial Activity Undercuts the Global Trade Regime." This is the abstract: The crisis... Continue reading
Posted Feb 8, 2023 at International Economic Law and Policy Blog
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U.S. Views on MPIA Arbitrators' Consideration of AD Agreement Legal Standard of Review
At last Friday's DSB meeting, the U.S. had some positive things to say about how the MPIA arbitrators in the Colombia - Frozen Fries dispute handled the issue of the AD Agreement Article 17.6(ii) legal standard of review: - The... Continue reading
Posted Feb 1, 2023 at International Economic Law and Policy Blog
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National Security Disputes, Non-Violation Nullification or Impairment, and Authoritative Interpretations
At today's DSB meeting, in the context of the consideration of the U.S. - Steel/Aluminum and U.S. Origin Marking panel reports, the U.S. offered the following explanation of why it was appealing the reports into the void, as well as... Continue reading
Posted Jan 27, 2023 at International Economic Law and Policy Blog
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The Risks and Economic Consequences of Inefficiency
Here is something U.S. Trade Rep. Katherine Tai said at a World Economic Forum event last week: So I think that whether it's in the world of goods trade, or services trade, or digital trade, part of what we are... Continue reading
Posted Jan 22, 2023 at International Economic Law and Policy Blog
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SIEL Call for Papers, Posters and Panels: Deadline Extended: 1 February 2023
This is from the SIEL: Please note that we have extended the deadline for the submission of paper, panel and poster proposals for SIEL 2023 until 1 February 2023. You can find the revised Call for Papers, Panels and Posters... Continue reading
Posted Jan 13, 2023 at International Economic Law and Policy Blog
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USMCA Panel Report Circulated in Auto ROO Dispute
The panel report in the USMCA Chapter 31 auto rules of origin dispute was circulated today (our WorldTradeLaw.net Chapter 31 panel reports page is here). Based on a quick skim, the panel's findings seemed reasonable to me, but I may... Continue reading
Posted Jan 11, 2023 at International Economic Law and Policy Blog
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Katherine Tai on National Security
At a CFR event in December, Christina Davis of Harvard asked U.S. Trade Rep. Katherine Tai the following question about the WTO panel ruling on the Section 232 steel and aluminum duties: I'd like to ask about your response to... Continue reading
Posted Jan 2, 2023 at International Economic Law and Policy Blog
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Guest Post: The Unilateralization of Trade Governance: Constructive, Reconstructive, and Deconstructive Unilateralism
This is a guest post by law professor Geraldo Vidigal. A revised version of this post will appear in the next issue of Legal Issues of Economic Integration. Introduction The year 2022 was a paradoxical one for global trade governance.... Continue reading
Posted Dec 23, 2022 at International Economic Law and Policy Blog
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The First MPIA Award and DSU Article 11
This is from the Colombia - Frozen Fries MPIA Award issued today: 4.2. The Arbitrators take due note of paragraph 12 of the Agreed Procedures, which mandates that the Award in this Arbitration be issued within 90 days of the... Continue reading
Posted Dec 21, 2022 at International Economic Law and Policy Blog
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The First MPIA Award Is Out, and It Discusses AD Agreement Article 17.6(ii) "Permissible" Interpretations
The first MPIA Award, in the Colombia - Frozen Fries disputes, was circulated today. In a previous blog post on this dispute, I had some uncertainty about whether the arbitrators would say anything about the AD Agreement Article 17.6(ii) legal... Continue reading
Posted Dec 21, 2022 at International Economic Law and Policy Blog
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Questions about U.S. Trade Policy
Like many people, I have some questions about U.S. trade policy these days. I don't know if asking them publicly like this will get U.S. trade officials to answer, but it can't hurt to try! Here are four areas where... Continue reading
Posted Dec 18, 2022 at International Economic Law and Policy Blog
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Call for Papers “A Sustainable International Investment Law for Energy? The Role of the EU and the Troublesome Practice and Future of the Energy Charter Treaty”
This is from Luca Rubini: DIEcon, the Interest Group on International Economic Law of the Italian Society of International and EU Law (SIDI), together with Professors Pia Acconci and Maria Rosaria Mauro, launches the Call for Papers “A Sustainable International... Continue reading
Posted Dec 18, 2022 at International Economic Law and Policy Blog
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Katherine Tai on the Global Arrangement on Sustainable Steel and Aluminum
At an EXIM bank event yesterday, U.S. Trade Representative Katherine Tai said the following about the proposed Global Arrangement on Sustainable Steel and Aluminum: And the concept would be for the US and the EU to join our markets, and... Continue reading
Posted Dec 14, 2022 at International Economic Law and Policy Blog
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Some Questions after the WTO Panel Reports on the U.S. Section 232 Tariffs
Four separate WTO panel reports related to the U.S. Section 232 tariffs on steel and aluminum were circulated on Friday, in complaints brought by China, Norway, Switzerland, and Turkiye. Here are some questions I had about these disputes. What will... Continue reading
Posted Dec 11, 2022 at International Economic Law and Policy Blog
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Tariffs vs. Buy National Procurement vs. Domestic Content Requirements
I assume most readers of this blog will already understand what I'm about to say, but I'm writing it because I see a bit of confusion in the public discussion of issues surrounding the Inflation Reduction Act's electric vehicle tax... Continue reading
Posted Dec 8, 2022 at International Economic Law and Policy Blog
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How Is the Biden Administration Thinking about "Industrial Strategy" and International Economic Relations?
Last week, Deputy Secretary of Commerce Don Graves made some remarks on "Modern Industrial Strategy for U.S. Competitiveness, Equity, and Resilience." In his remarks, Graves explained how the Biden administration was providing direct subsidies and other government support to promote... Continue reading
Posted Dec 4, 2022 at International Economic Law and Policy Blog
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The Frozen Fries Appeal: Permissible Interpretations under AD Agreement Article 17.6(ii)
When the Colombia - Frozen Fries MPIA appeal started up, I noted that "most of the issues are pretty basic anti-dumping ones, but there is a possibility of an important systemic issue coming up," as "[t]he panel report gets into... Continue reading
Posted Nov 27, 2022 at International Economic Law and Policy Blog
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