International Economic Law and Policy Blog

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Simon Lester

A Possible Fifth MPIA Case

I previously noted the four WTO disputes where agreed procedures between the parties for using the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) have been circulated (as well as an agreement to use Article 25 arbitration outside the context of the MPIA). There is now a fifth dispute, China - AD/

Guest Post: New Book on Climate Clubs and International Trade and Investment Law

This is a guest post from law professor Rafael Leal-Arcas Climate Clubs for a Sustainable Future: The role of international trade and investment law (Kluwer Law International, 2021), by Rafael Leal-Arcas (Queen Mary University of London). We know the science of climate change; we know the economics of climate change;

How Did the U.S. Set Tariffs When Unconstrained by Trade Agreements?

Here's an excerpt from a very interesting new paper by Doug Irwin and Anson Soderbery: What objective is a government trying to achieve in setting import tariffs? ... what factors would drive government behavior in the absence of such agreements when countries have complete autonomy in setting tariff rates?

Guest Post: New Book on Energy in International Trade Law

This is a guest post post from Anna Marhold, Assistant Professor at Leiden Law SchoolEnergy in International Trade Law: Concepts, Regulation and Changing Markets (Cambridge University Press 2021) by Anna Marhold (Leiden Law School) Against the backdrop of energy markets that have radically changed in recent decades, this book offers

New World Trade Review Written/Video Debate on Carbon Border Adjustments

Many of you know Mona Paulsen as the Queen of Trade Law Archival Research, but she is also a scholarly tech innovator, having convinced the stodgy folks at Cambridge University Press to do a video discussion for a World Trade Review written debate series on carbon border adjustments. In this

Guest Post: Will the EU CBAM Cover More Than What You Think? Complex Goods, System Boundaries, and Circumvention Under the Commission’s CBAM Proposal

This is a guest post from trade lawyers Cándido García Molyneux & Paul Mertenskötter: On July 14, the European Commission presented its legislative proposal for a Carbon Border Adjustment Mechanism (“CBAM”). This long-anticipated tool is intended to make importers pay for the greenhouse gas (“GHG”) emissions embedded in the covered

Per Capita Emissions vs. Manufacturing Emissions: Why Not Do Both?

In the Hindustan Times, trade lawyer RV Anuradha has an op-ed entitled "EU’s CBAM, US Carbon Tax undermine international climate and trade laws." What particularly interested me was the description of an alternative focus for climate change mitigation efforts. Whereas the EU and U.S. are emphasizing

Guest Post: Making the Rules of the Game with Prudence – Analysis of the EU’s CBAM Proposal

This is a guest post from trade lawyer Bixuan Wu of the Hiways law firm: On July 14, the European Commission unveiled its ambitious “Fit for 55” package, which includes the long-awaited legislative proposal on Carbon Border Adjustment Mechanism (CBAM). The CBAM is the first climate measure that has potential

Krugman on Carbon Tariffs

Paul Krugman has a new op-ed on carbon tariffs that made sense in parts but puzzled me in other parts. Here is the part that I thought made sense: ... You can think of national policies designed to limit greenhouse gas emissions as ways to induce a country’s residents to

CBAM enters with a BANG: the European Commission puts forth its carbon border adjustment mechanism proposal

This is a guest post by trade lawyer Victor Crochet of Van Bael & Bellis The European Commission just unveiled its proposal for a carbon border adjustment mechanism (“CBAM”) (available here). The proposal provides for a new system where importers must purchase CBAM certificates to cover direct and indirect carbon