International economic law and policy blog

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Where To Focus with the Issue of Trade Imbalances: Exchange Rates vs. Domestic Economic Policies

The Economist has a piece by a group of economists on trade imbalances, explaining that there is too much focus on the undervalued yuan. In my view, lots of people are getting things on wrong on trade imbalances, and it's nice to see these folks getting things right.

Can Brazil's WTO Complaint on the Section 301 Tariffs Avoid Being Undermined by an "Appeal into the Void"?

Amidst the flurry of recent tariff news was a USTR notice of action earlier this month in the Section 301 investigation of Brazil’s Acts, Policies, and Practices Related to Digital Trade and Electronic Payment Services; Unfair, Preferential Tariffs; Anti-Corruption Enforcement; Intellectual Property Protection; Ethanol Market Access; and Illegal

Immigration Penalties for Foreign Government Officials Engaging in "Economic Discrimination"

Recently introduced legislation from Congressman Michael Baumgartner (R-WA) seeks to penalize "foreign officials who weaponize the government to discriminate against American companies" by amending the Immigration and Nationality Act "to make foreign government officials who engage in economic discrimination against U.S. persons inadmissible to, and

Guest Post: Preliminary Thoughts on the European Commission Proposal for the Cybersecurity Act 2.0

This is a guest post by Peter Van den Bossche [1] Chair Professor of International Economic Law, Xi’an Jiaotong University School of Law; former Member and Chair of the WTO Appellate Body; Professor Emeritus of International Economic Law, World Trade Institute, University of Bern; and external legal advisor, King

The Meaning of "Discrimination" in Section 338's Predecessor (Section 317 of the Tariff Act of 1922)

In my post on the Trump administration's invocation of Section 338 of the Tariff Act of 1930 last week to impose tariffs on certain Canadian imports, I offered some quick thoughts on how broadly "discrimination" in that provision of the statute might be interpreted and applied.

Will There Be Further Adjustments to the Section 301 Forced Labor Tariffs If Forced Labor Laws Improve?

On Thursday, USTR announced its final tariff rates in the Section 301 investigation on forced labor imports. There are a wide range of ideas for how to challenge these tariffs in court, with some ideas broader than others. One broad approach would be to argue that these tariffs are just

The New Agreement on Reciprocal Trade between the U.S. and Jordan

This is a guest post by Bashar Malkawi, Legal Counsel at The Government of Dubai Legal Affairs Department On July 21, 2026, the U.S and Jordan concluded and signed a new Agreement on Reciprocal Trade. Jordan has now officiated preferential access to the US market. The U.S has

Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.

A Brief Section 338 Reaction

Yesterday's announcement of Section 338 tariffs to be imposed on Canada was a bit of a surprise, although no tariff announcement can be too much of a shock these days.

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.