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Does the Cash flow Tax with Border Adjustment “have sufficient characteristics in common" with TVA ? An important unnoticed precedent in WTO case law

Everyone familiar with the Kevin Brady/Paul Ryan "Blueprint" cash flow tax seems to agree that the first line of defense of the United States before a WTO Panel would be to argue that this tax is akin to VAT (Value Added Tax).  Let us recall that VAT
Marc Benitah 06 Feb 2017 2 min read

Trump's Tariff Tweet

Donald Trump tweeted the following on Friday: Countries charge U.S. companies taxes or tariffs while the U.S. charges them nothing or little.We should charge them SAME as they charge us! Under NAFTA, Canada, Mexico and the U.S. reduced all tariffs to zero (aside from trade remedies
Simon Lester 05 Feb 2017 1 min read

Kenneth Juster as Deputy Assistant for International Economic Affairs

From a White House press release: President Trump’s National Security Advisor Michael T. Flynn today announced the following additions to the National Security Council senior staff. ... Kenneth I. Juster will serve as Deputy Assistant to the President for International Economic Affairs.  He will coordinate the Administration’s international economic
Simon Lester 05 Feb 2017 1 min read

The Trump Administration's Draft Executive Order on Treaties

Over at Opinio Juris, Julian Ku writes the following about a draft executive order on multilateral treaties being considered by the Trump administration: The draft executive order on multilateral treaties is potentially more significant because the President has broad powers to withdraw from treaties.  But the order itself simply creates
Simon Lester 02 Feb 2017 2 min read

WTO@20 Conference 2017, New Delhi

From the WTO Appellate Body and National Law University, Delhi: The Appellate Body of the World Trade Organization (WTO), together with National Law University, Delhi, is organizing the WTO@20 Conference in New Delhi on 16-18 February 2017 to mark the 20th anniversary of the establishment of the WTO. Five
Inu Manak 02 Feb 2017 1 min read

The Latest from the White House on Trade

From a press briefing today: Q    If I could just -- MR. SPICER:  Hold on. Q    -- ask real quick on trade.  Now that notices have been given to the TPP countries, are you considering any changes in the roles of your three sort of official trade negotiators?  And what
Simon Lester 31 Jan 2017 1 min read

Chief Trade Negotiation Adviser for the Department for International Trade

The position is now open. Here are the details: Job descriptionThere can be few more vital or unique roles at this exciting and challenging time for the UK than that of Chief Trade Negotiation Adviser (also Second Permanent Secretary) of the new Department for International Trade (DIT). To support the
Simon Lester 31 Jan 2017 2 min read

Pharmaceutical Prices in the U.S. and Abroad

I'm having trouble wrapping my head around this statement from Donald Trump about pharmaceutical prices: TRUMP: I think you know most of my team and you folks have done a terrific job over the years, but we have to get prices down for a lot of reasons. We
Simon Lester 31 Jan 2017 1 min read

Regulatory Barriers in a US - UK FTA

Prime Minister Theresa May was here in DC on Friday to talk to President Donald Trump, and a US-UK trade agreement was one of the items they discussed: At the top of the agenda is trade, as the two leaders try to navigate the U.S.-U.K. relationship. Mrs.
Simon Lester 29 Jan 2017 3 min read

A Border Tax to Pay for the Wall?

My head is spinning trying to keep track of what is real and what is just rhetoric. Here is more from Trump's press secretary: It was not clear exactly how the Trump administration would impose the new tax on Mexican exports. But Spicer said it would be part
Simon Lester 26 Jan 2017 2 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

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