International Economic Law and Policy Blog

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Simon Lester

Questions About the MPIA and Article 25 Appeal Arbitration

I have a short Cato paper out today on the Multi-Party Interim Appeal Arbitration Arrangement (MPIA). I am excited about the prospects for the MPIA, but I do have some questions, including the following: What approach will the MPIA take regarding the interpretation of core WTO principles such as the

Unilateralism vs. Multilateralism on Carbon Taxes / Carbon Tariffs

In my view, carbon taxes are the best way to address climate change, and the best approach to carbon taxes is to apply them in a non-discriminatory manner to products from all countries. How exactly do you make them non-discriminatory? Ideally, you would do this on a multilateral basis, with

New Book from David Gantz on the USMCA

An Introduction to the United States-Mexico-Canada Agreement: Understanding the New NAFTA (Edward Elgar Publishers, 2020), by David A. Gantz, has been published. The description follows: The United States-Mexico-Canada Agreement (USMCA), a modified and modernized version of the North American Free Trade Agreement (NAFTA), will continue to govern most economic relationships

Upcoming SIEL Conversation: African Continental Free Trade Area in an Era of Waning Multilateralism - Of Optimists and Sceptics

From the SIEL: Upcoming SIEL Conversation: African Continental Free Trade Area in an Era of Waning Multilateralism - Of Optimists and Sceptics The aim of SIEL Conversations is to bring together authors and commentators to give talks that are idea-focused so as to foster learning and inspiration, and provoke conversations

Guest Post: TikTok, IEEPA, and CFIUS

This is a guest from Wentong Zheng, a law professor at the University of Florida On August 6, 2020, President Trump issued an executive order entitled Addressing the Threat Posed by TikTok, and Taking Additional Steps to Address the National Emergency With Respect to the Information and Communications Technology and

Guest Post: PPE and the Costs of Section 301 Tariffs

This is a guest post from Ernesto Hernández-López, Professor of Law at the Dale E. Fowler School of Law, Chapman University. He researches international trade and international law. Just as the United States and China agreed to a truce in tariff retaliations with the Phase One Agreement on February 14,

Guest Post: A Response to Lighthizer on Third Party Adjudication

This is an anonymous guest post that responds to a recent op-ed by U.S. Trade Representative Robert Lighthizer. [Note: Some people’s work means that they prefer to discuss such issues on a non-attributable basis, and there have been many anonymous comments on this blog over the years, which

DSU Article 11 and Appellate Review: Past, Present, and Future

DSU Article 11 provides the following: Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the

ISDS in a U.S.-Kenya FTA

It's one thing not to have ISDS in a U.S.-UK FTA, but what about in a U.S. FTA with Kenya? Investment in developing countries is what people who worry about risks associated with foreign investment seem to worry most about. This came up recently at

USTR Is Hiring People for USMCA Labor and Environment Enforcement

This is a question from Senator Grassley to U.S. Trade Rep. Lighthizer at the Senate Finance Committee Hearing on The President’s 2020 Trade Policy Agenda, from June 17, 2020: In the USMCA implementing bill, Congress provided USTR a significant increase in funding. We must continue to assess the