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The Steel/Aluminum Tariff Country Exemptions

Presidential proclamations here and here. Canada and Mexico exempt for now. Here is the situation for other countries (from the steel proclamation): 9.  In adopting this tariff, I recognize that our Nation has important security relationships with some countries whose exports of steel articles to the United States weaken our
Simon Lester 08 Mar 2018 1 min read

What a WTO Complaint Against Section 232 Tariffs/Quotas Might Look Like

In anticipation of possible U.S. tariffs/quotas on steel/aluminum imports under Section 232, citing national security, I'm going to run through the possible WTO claims against such measures. Let's hope everyone can talk the Trump administration out of this, but if not, a WTO
Simon Lester 07 Mar 2018 3 min read

Guest Post: The CJEU Strikes Again in Achmea. Is this the end of investor-State arbitration under intra-EU BITs?

This is a guest post from Dr. Szilárd Gáspár Szilágyi, a Postdoctoral Fellow at PluriCourts, University of Oslo These are exciting times for both investment law and EU law professionals. The EU’s recent moves in international investment law have become the topic of much discussion, be it the conclusion
Simon Lester 07 Mar 2018 9 min read

How Should Countries Retaliate Against the Steel/Aluminum Tariffs?

This is from Politico: But European Union officials are already planning retaliatory actions, targeting products from politically sensitive Republican-run states, including the imposition of tariffs on Harley-Davidsons made in Speaker Paul Ryan’s home state of Wisconsin; duties on bourbon made in Senate Majority Leader Mitch McConnell’s home state
Simon Lester 06 Mar 2018 1 min read

Dispute Settlement in the NAFTA Talks

If you are looking for a distraction from the general panic about Trump's possible steel/aluminum tariffs, take a look at this from Inside US Trade: Efforts to fix NAFTA’s state-to-state dispute settlement process have also progressed during this round, sources said. Mexico and Canada are making
Simon Lester 04 Mar 2018 1 min read

Director of the Rules Division

The WTO Secretariat is advertising for a new Director of the Rules Division (application deadline March 28): General Functions  The incumbent will lead the Rules Division, which is responsible for all matters in the areas of subsidies, contingent trade remedies (anti-dumping, countervailing measures and safeguards), trade-related investment measures, state trading
Simon Lester 04 Mar 2018 2 min read

The Appellate Body's Review of the Meaning of Domestic Law

Here's something else from USTR's 2018 Trade Policy Agenda and 2017 Annual Report: iv. Appellate Body Review of facts and review of a Member’s domestic law de novo Another significant concern is the Appellate Body’s approach to reviewing facts. Article 17.6 of the
Simon Lester 04 Mar 2018 6 min read

Summing up the Steel/Aluminum Tariff Situation

Here's a concise summary of what is happening with the Section 232 steel/aluminum tariffs: President Trump said some things yesterday about tariffs on steel and aluminum. We'll find out next week (or later) what, if anything, it means.
Simon Lester 02 Mar 2018 1 min read

NAFTA Chapter 19 vs. The CIT

A while back, I said I would be trying to gather some evidence on the relative impact of appeals to NAFTA Chapter 19 vs. appeals to the U.S. Court of International Trade. Well, I finally have some data, but let me clarify in all caps that it is PRELIMINARY
Simon Lester 02 Mar 2018 1 min read

Call for Papers— G2 Conference on Resolving Disputes in International Economic Law

This is from Georgetown's Institute of International Economic Law and the Graduate Institute, Geneva's Center for Trade and Economic Integration:Georgetown's Institute of International Economic Law and the Graduate Institute, Geneva's Center for Trade and Economic Integration will be hosting a one-day
Inu Manak 01 Mar 2018 1 min read

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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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