International Economic Law and Policy Blog

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Simon Lester

Non-Delegation Constitutional Law Cases Coming

Keep your eye out for the Gundy Supreme Court decision, which should be out soon: the underlying issue is whether the court will revive the long-dormant principle that Congress cannot delegate its legislative power to executive agencies. The court has not struck down a federal law as an excessive delegation

Four "National Security" Disputes Down, A Bunch More To Go

Canada/Mexico and the United States have worked out a deal to get rid of the Section 232 steel/aluminum tariffs and the retaliatory tariffs. This is from Global Affairs Canada: After extensive discussions on trade in steel and aluminum covered by the action taken pursuant to Section 232 of

Guest Post: The Trade Policy Review Mechanism at 30: Happy Anniversary or Something Else?

This is a guest post from professor Martin Edwards This has been a difficult time for the WTO. Stories of the deepening crisis in the Dispute Settlement Body, and the looming threat of a President who has threatened to pull the US out have all been headlines in recent months.

Banning Huawei for National Security Reasons

Politico reports: President Donald Trump on Wednesday signed an executive order laying the groundwork to block Chinese telecommunications companies like Huawei from selling equipment in the U.S., a move aimed at neutralizing Beijing’s ability to compromise next-generation wireless networks and U.S. computer systems. The order prohibits the

WTO Moot Court Case Author Wanted

ELSA International (the European Association of Law Students) is looking for a case author for the next year's edition of its John H. Jackson Moot Court on WTO Law (formerly know as the EMC2). The call has been posted on the moot court's website: https://johnhjacksonmoot.

A Proposal for "Rebalancing" To Deal With "National Security" Trade Restrictions

As much fun as it is to think about what GATT Article XXI means, and to analyze WTO panel reports that interpret and apply it, I'm skeptical that WTO litigation about measures for which the responding party has invoked the national security exception will help resolve many trade

Kamala Harris on Trade Policy

This is from an interview by Jake Tapper with presidential candidate Kamala Harris: TAPPER: President Trump, as you know, slapped higher tariffs on Chinese exports on Friday morning, dialing up pressure for a trade deal with the Chinese. HARRIS: Yes. TAPPER: Now, your leader, Chuck Schumer, tweeted earlier this week

Guest Post: Trade, Security and Stewardship (Part V): Implications for International Economic Law

This is a guest post from Ben Heath, Acting Assistant Professor of Lawyering at NYU Law This post is the last in a series to analyze the Russia — Transit panel report on the GATT security exception. In the first post, I introduced what Julian Arato and I are calling the

Guest Post: Trade, Security and Stewardship (Part IV): A Variable Framework for Security Governance

This is a guest post from Ben Heath, Acting Assistant Professor of Lawyering at NYU Law This is the fourth in a series of posts that reconstructs the theory of judicial stewardship embedded in the Russia — Transit panel report on the GATT security exception. In the first post, I described

Guest Post: Trade, Security and Stewardship (Part III): WTO Panels as Factfinders under Article XXI

This is a guest post from Ben Heath, Acting Assistant Professor of Lawyering at NYU Law This series reconstructs the idea that the Russia — Transit panel report on the GATT security exception was a “constitutional moment” for the WTO. In the first post, I introduced the idea that the report