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Latest — 03 Sep 2025

Lessons from the First U.S. Win in a Trade and Labor Dispute: The USMCA RRM Atento Decision

For the first time, an arbitral panel has sided with the United States in a trade and labor dispute. On August 21, the United States and Mexico announced the publication of the second panel decision under the USMCA/T-MEC/CUSMA Facility-Specific Rapid Response Labor Mechanism (RRM).

8 min read

IELP Blog Relocation

Just a quick note to readers that the platform on which the IELP blog is hosted is shutting down at the end of September. Bear with me over the next few weeks as I find a new platform. Blogging might be a bit light during this period.
27 Aug 2025 1 min read

U.S. State Capitalism as a Response to Chinese State Capitalism

In an interview last week, David Faber of CNBC pressed Commerce Secretary Howard Lutnick on several Trump administration actions that could be characterized as "state capitalism": Faber: As somebody who's been around the capital markets for years, as you have been, I do wonder, how do
26 Aug 2025 4 min read

A Few Thoughts on Antitrust and Big Tech

I'm no antitrust expert, but I do have some opinions on it, and I'm going to offer a few of them in this post. As an intro, I want to mention a speech by Notre Dame law professor Roger Alford -- whose Opinio Juris blog posts
24 Aug 2025 3 min read

Wentong Zheng on Presidential Tariffs

University of Florida law professor Wentong Zheng has posted a new paper called "Presidential Tariffs," in which he argues that the IEEPA should not be interpreted to allow the President to proclaim tariff modifications for the purpose of entering into market-opening trade agreements, given that Congress allowed the
22 Aug 2025 1 min read

Matthew Schaefer on Trump Administration Trade Policy: A Historical Perspective and Key Questions & Takeaways

The following is an excerpt from a new Yeutter Institute piece by University of Nebraska law professor Matthew Schaefer entitled "Trump Administration Trade Policy: A Historical Perspective and Key Questions & Takeaways," offering a good roundup of a lot of the biggest trade policy issues out there at
22 Aug 2025 11 min read

Todd Tucker on Tariffs and the Role of Courts

In an op-ed in the FT entitled "Opponents of Trump’s tariffs should be wary of relying on the courts," Todd Tucker argues against U.S. courts striking down Trump's IEEPA tariffs. I have some questions and comments on his views of this issue, focusing on
17 Aug 2025 7 min read

Guest Post: Trump, Trade and Coercion

This is a guest post from Boston College law professor Frank Garcia. (Cross-posted from the Cambridge University press blog) The first year of Trump’s second term has been a chaotic one for trade, as for so much else. Before inauguration, the President had already threatened tariffs against Denmark to
13 Aug 2025 7 min read

What Trump's Trade Representative Got Wrong

Last week, USTR Jamieson Greer wrote an essay in The New York Times entitled, ‘Trump’s Trade Representative: Why We Remade the Global Order’. Simon has already done the heavy lifting by asking some necessary questions about this new order. Out of all the inaccuracies and “too early to tell”
12 Aug 2025 3 min read

New Security Exception Language Establishes a Two-Tiered Approach

Via Mona Paulsen and Devon Whittle, I see that Chapter 28 of the UK-India trade agreement has some interesting new language on security exceptions. It starts off as expected, with the following: Article 28.2 Security Exceptions 1. Nothing in this Agreement shall be construed to: (a) require a Party
11 Aug 2025 3 min read

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Lessons from the First U.S. Win in a Trade and Labor Dispute: The USMCA RRM Atento Decision

For the first time, an arbitral panel has sided with the United States in a trade and labor dispute. On August 21, the United States and Mexico announced the publication of the second panel decision under the USMCA/T-MEC/CUSMA Facility-Specific Rapid Response Labor Mechanism (RRM).
03 Sep 2025 8 min read

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