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Simon Lester

Simon Lester

Co-founder of WorldTradeLaw.net and China Trade Monitor. Non-resident fellow at the Baker Institute.

http://simonlester.com

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

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

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

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

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

Guest Post: The TRIPS Vaccine Waiver Controversy

This is a guest post from law professor Michael Trebilcock and lawyer Dan Poliwoda: THE TRIPS VACCINE WAIVER CONTROVERSY* By Michael Trebilcock Emeritus University Professor of Law University of Toronto Dan Poliwoda Lawyer, Dickinson Wright LLP University of Toronto (J.D., 2020) July 12, 2021 *We acknowledge the invaluable research

More on USTR's View of GATT Exceptions in Relation to Non-GATT Goods Agreements

In a post from February on the U.S. - Origin Marking Requirements (DS597) case, I asked: "Is the U.S. really saying that Article XXI applies beyond the GATT?" Based on the U.S. first written submission in the case, the answer is a resounding yes. Here'

USMCA Panel Composition in Dairy Case Announced

The USMCA Secretariat has posted information on the panel members in the Dairy TRQ case: Panel Selection — Dairy Tariff-Rate Quotas On July 5, 2021, the Parties to the Canada-United States-Mexico Agreement, Chapter 31 dispute Dairy TRQ Allocation Measures (CDA-USA-2021-31-01) completed the Panel selection

Section 232, the Scope of National Security, and Projecting U.S. Military Power

In response to legal and political pressure from Congress, the Commerce Department finally released its February 2019 Section 232 investigation report in the autos/auto parts cases. The report is here; the appendices are here. The main recommendation was as follows: The Secretary recommends the following actions the President could

The ITC Report on the Economic Impact of Trade Agreements

In response to a request from Congress (via statute), the U.S. International Trade Commission has issued its second report on the Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures (the previous report is here). The request covered "all trade agreements with respect to which Congress has