International Economic Law and Policy Blog

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Simon Lester

Guest Post: Consensus as the Hallmark of the WTO: Time to Change

This is a guest post from law professor Bashar Malkawi: Throughout much of GATT and then WTO history, consensus has been the norm. For example, article XXV (3) and (4) call for one vote per nation and decisions to be taken by majority vote, but in practice consensus was developed

BIICL Border Carbon Adjustment and MC12 Events

BIICL has sent information on two upcoming events: 22nd BIICL Annual WTO Conference: Climate Change: Border Carbon Adjustment Approaches and the WTO (July 15) Why are Border Carbon Adjustment (BCA) Approaches being considered by an increasing number of countries? What are the factors to be accounted for to design a

Non-Violation Arguments in the USMCA Auto Rules of Origin Dispute

In the ongoing USMCA dispute on United States - Automotive Rules of Origin (USA-MEX-CDA-2022-31-01), in addition to their arguments that the U.S. unilateral interpretation of the USMCA Rules of Origin provisions for passenger vehicles and light trucks violates USMCA rules, Mexico and Canada have made a non-violation nullification or

Katherine Tai on Fixing WTO Dispute Settlement

At the WITA event I mentioned previously, former USTR official Wendy Cutler spoke with U.S. Trade Rep. Katherine Tai about WTO dispute settlement reform. Here was their exchange: Cutler: You've mentioned, and I've heard others talk about, ... we should think post MC12, and particularly about

Katherine Tai on IPEF Enforceability

At a WITA event yesterday, former USTR official Wendy Cutler had a conversation with U.S. Trade Rep. Katherine Tai about various trade issues. One thing they touched upon was the enforceability of the IPEF. Here was their exchange: Cutler: How about enforcement and the IPEF? It's not

Free Trade's Critics Are Declaring Victory, But I Think the Contest Is Mostly the Same As It Ever Was

A recent review of The Neomercantilists: A Global Intellectual History, a new book by political scientist Eric Helleiner, makes the book sound very interesting. Here's how the review describes the book: "A sweeping account of the men and women who argued for strategic protectionism and other forms

David Gantz: UK, Texas and Other US States Should Proceed Carefully, but Not Abandon, Trade Deals

This is a post by law professor David Gantz: I. Introduction: Economic and Political Motivations The United Kingdom, presumably frustrated by the reluctance of the Biden administration to conclude the free trade agreement negotiations begun by the Trump administration, or even to seek the essential congressional authorization to do so,

11th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL)

More details at this link: Birmingham Law School is pleased to be hosting the 2022 Conference of the Society of International Law (SIEL) Postgraduate and Early Professionals/Academics Network (PEPA/SIEL) on June 8-10, 2022. This long-established conference aims at fostering collaboration and mentoring opportunities for emerging academics and professionals

Compliance with USMCA Chapter 31 Panel Rulings

Recently, as I heard the U.S. express concerns that Canada has not complied with last December's USMCA Dairy TRQs panel ruling, I wondered how compliance proceedings worked under USMCA Chapter 31. The relevant provision states: Article 31.19: Non-Implementation – Suspension of Benefits 1. If the disputing Parties

Call for Papers: Midyear Meeting of the American Society of International Law

This is from the ASIL: The American Society of International Law calls for submissions of scholarly paper proposals for the 2022 ASIL Research Forum. The Research Forum, a Society initiative introduced in 2011 which takes place during the Midyear Meeting, aims to provide a setting for the presentation and focused