International Economic Law and Policy Blog (Page 13)

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Is Section 122 of the 1974 Trade Act a Fall-Back Option for Trump to Impose Tariffs?

Without IEEPA authority, as we have all discussed, where there is a will, there is a way. In all likelihood, this way involves the expanded use of other statutory authorities, such as Section 232 of the 1962 Trade Expansion Act and Section 301 of the Trade Act of 1974. In

Roundup of IEEPA Hearing Commentary

I listened to today's Supreme Court hearing on the IEEPA tariff cases, but it was clear to me that I am not well-positioned to offer good insights on how the Court might rule. (The transcript is here if anyone wants to give this kind of tea leaf reading a shot themselves).

Economic and National Security Provisions in U.S. Trade Agreements

A few weeks ago, I wrote a post cautioning everyone to "Beware the 'Securitization' of Trade Policy." So far, however, it looks like my post has been a big failure, as many people seem to be throwing caution to the wind, and instead of being wary

Bound Rates and the Stakes of the Cambodian Trade Deal

Far from being incoherent, the United States’ recent moves against trading partners suggest a unique restructuring of its economic structure, with executive-dominated foreign investments planned to drive much of its future economic growth. I’ll focus on the Agreement concluded with Cambodia for this post. Cambodia has not signed

The Future of U.S. Big Tech and Social Media (and a Quick Thought on Manufacturing)

As the saying goes, it's difficult to make predictions, especially about the future, but in a piece I wrote for the Baker Institute, I argue that the social media landscape is going to become smaller and more global, with U.S. big tech control declining. Is this just

Tracking Foreign Investments in the U.S. Pursuant to Trump's Trade Deals

According to President Trump and his administration, one of the most important elements of the trade deals they are negotiating right now is the commitments being made by foreign governments and companies to invest in the U.S. The aggregate figures mentioned in this regard have been as high as

Some Questions about the Cambodia and Malaysia Trade Deals

The White House released the texts of trade agreements with Cambodia and Malaysia today. I have lots of questions about this.

Why Not Use the Phase One Deal's Enforcement Mechanism?

On Friday, USTR initiated a Section 301 investigation of "China’s implementation of the Economic and Trade Agreement Between the Government of the United States of America and the Government of the People’s Republic of China ('Phase One Agreement')."

International law aspects of the U.S.-Australia critical mineral and rare earth deal

Upon reading the US-AUS framework concerning the financing of rare earth mining. While there is very little to go on, I wanted to share some thoughts that connect current assessments with what we know about international investment law and existing institutional development. The Framework commits $1 billion in financing

Grossman and Sykes on Reciprocity in U.S. Trade Relations

In a new paper entitled "Commandeering the Customs: An Economic and Legal Perspective on the President’s 'Emergency' Imposition of 'Reciprocal Tariffs'," professors Gene Grossman and Alan Sykes push back on the idea that there is a lack of reciprocity in U.S. trade