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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
Simon Lester 17 May 2019 6 min read

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
Simon Lester 17 May 2019 2 min read

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.
Simon Lester 16 May 2019 4 min read

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
Simon Lester 15 May 2019 1 min read

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.
Simon Lester 14 May 2019 1 min read

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
Simon Lester 12 May 2019 2 min read

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
Simon Lester 12 May 2019 3 min read

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
Simon Lester 09 May 2019 5 min read

2019 G2 Annual Conference on WTO and Global Economic Regulation: 7 to 8 June 2019

This is from the Graduate Institute’s Centre for Trade and Economic Integration and Georgetown Law's Institute of International Economic Law: The 2019 G2 Annual Conference on WTO and Global Economic Regulation, jointly organised by the Graduate Institute’s Centre for Trade and Economic Integration and Georgetown Law&
Inu Manak 09 May 2019 1 min read

A Defense of the Beleaguered WTO Appellate Body

A Defense of the Beleaguered WTO Appellate Body Steve Charnovitz 9 May 2019 In November 2017, I authored a paper warning that the Trump Administration was seeking to eviscerate World Trade Organization (WTO) dispute settlement. At the same time, I put forward a specific proposal for what the Appellate Body
Charnovitz 09 May 2019 6 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

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