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New Book:"The WTO Law of Subsidies: A Comprehensive Approach"

Dear Blog Colleagues, I am pleased to announce the forthcoming publication (early May 2019) of my new book titled "The WTO Law of Subsidies: A Comprehensive Approach". It is published by Kluwer Law International. You can find all the necessary information about the book at the book website
Marc Benitah 24 Mar 2019 1 min read

The Internal U.S. Government Debate over the GATT Security Exception

Mona Pinchis-Paulsen has a great new paper called "Trade Multilateralism and National Security: Antinomies in the History of the International Trade Organization". I highly recommend pp. 11-25, which describes the internal U.S. government debate on the power to interpret the security provisions. I don't think
Simon Lester 21 Mar 2019 1 min read

May the (Trade) Force Be With You

How will trade wars unfold?  Are we doomed?  History may scare us.  Before the dawn of the American Republic, it was the trade wars among thirteen Confederates that wreaked havoc on the fragile Articles of the Confederation.  Fast forward, the interwar trade wars, triggered by the ill-famed Smoot-Hawley Tariff Act
Sungjoon Cho 15 Mar 2019 2 min read

"Imports" of Carbon Emissions

As a political stunt, I really like this: U.S. Rep. Bill Pascrell, Jr. (D-NJ-09), a member of the tax-writing House Ways and Means Committee and its Subcommittee on Trade, sent a letter to U.S. Commerce Secretary Wilbur Ross calling on him to initiate an investigation into the threat
Simon Lester 14 Mar 2019 3 min read

Would Speeding up WTO Dispute Settlement Help With the Appellate Body Crisis?

Article 12 of the DSU specifies these time-frames for panels to issue reports: 8. In order to make the procedures more efficient, the period in which the panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until
Simon Lester 14 Mar 2019 2 min read

Does USMCA Article 31.8 Fix the Roster Problem?

As we all know, many years ago there was a problem with the U.S. blocking the appointment of a panel under NAFTA Chapter 20 (one key issue in this regard was the establishment of a roster; full details here). When I looked at Chapter 31 of the USMCA, my
Simon Lester 11 Mar 2019 3 min read

Guest Post: Taking Recourse to the DSU to Save Dispute Settlement at the WTO (Part B)

This is Part B of a guest post from Vinayak Panikkar*, Prakhar Bhardwaj+, Akhil Raina† IV. Instituting a complaint for a violation of DSU Article 17.2. While bringing the US tariff dispute to the WTO on January 29, 2019, China asserted that the US’s actions to block AB
Simon Lester 07 Mar 2019 7 min read

Guest Post: Taking Recourse to the DSU to Save Dispute Settlement at the WTO (Part A)

This is Part A of a guest post from Vinayak Panikkar*, Prakhar Bhardwaj+, Akhil Raina† I. Introduction The joint communication from the European Union and 11 other nations tabled in the General Council meeting held on 12-13 December 2018 (“EU DSU Proposal”) was the last comprehensive set of publicly available
Simon Lester 07 Mar 2019 7 min read

Call for Papers: Public Health and Global Governance of Alcohol

A conference on Public Health and Global Governance of Alcohol will be held 30 September – 3 October 2019 in Melbourne, Australia. Abstracts for papers proposed for presentation at the conference must be submitted to the website by 1 April, 2019. This meeting seeks to examine how global and regional governance
Tania Voon 07 Mar 2019 1 min read

Guest Post: Background and Impact of US’s intention to “terminate” GSP benefits to India

This is a guest post by Vineet Hegde, a PhD researcher in International Law at the Leuven Centre for Global Governance Studies at KU Leuven, Belgium. In the previous post by Simon Lester, he wrote about USTR’s decision to “terminate” GSP preferences to India. This is a second post
Simon Lester 05 Mar 2019 4 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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