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David Gantz: The Path Forward for North American Trade and Economic Integration

This is a post from David Gantz, Will Clayton Fellow, Baker Institute for Public Policy, Mexico Center; Samuel M. Fegtly Professor Emeritus, College of Law, the University of Arizona.  Part I: Introduction This report addresses the challenges to the continued viability of the United States-Mexico Canada Agreement (USMCA), and
Simon Lester 25 Jun 2025 26 min read

Trade Deficits, Savings/Consumption, Currencies and the Causes of U.S. Budget Deficits

I've seen a number of recent statements by people suggesting that U.S. fiscal deficits are being driven by (1) the dollar as the reserve currency and (2) relatively low foreign consumption/high foreign savings. These factors, it is suggested, lead to lower interest rates for borrowing in
Simon Lester 22 Jun 2025 7 min read

Questions and Responses in DS623 on Non-Market Policies and the Relationship of GATT Exceptions to the SCM Agreement

The U.S. has posted its responses to the panel's questions in U.S. - IRA (China) (DS623). I want to highlight two specific questions/responses: One relates to the meaning of "non-market" policies and practices, and the other relates to the availability of GATT exceptions
Simon Lester 13 Jun 2025 9 min read

JIEL Junior Faculty Forum 2025 Call for Papers

The Journal of International Economic Law is delighted to announce the fifth annual JIEL Junior Faculty Forum. The JIEL JFF brings together early career scholars (including junior faculty, visiting assistant professors, PhD candidates, post-doctoral fellows, etc.) working in the field of international economic law. The purpose is to allow
Kathleen Claussen 06 Jun 2025 2 min read

How Will the Trump Administration Approach the WTO and WTO Dispute Settlement?

At a hearing on Tuesday to consider the nomination of Joseph Barloon to be the Deputy U.S. Trade Representative in Geneva (and Ambassador to the WTO), there were some questions about the Trump administration's views of the WTO in general, as well as WTO dispute settlement and
Simon Lester 05 Jun 2025 5 min read

MPIA Update: A New Party Joins and Four New Arbitrators are Appointed

I mentioned here that Paraguay had joined the MPIA in early May. Since then, Malaysia has joined too, bringing us to 29 parties (counting the EU and its 27 member states as one). But the bigger news is that there has been a successful transition to a partially re-composed
Simon Lester 03 Jun 2025 1 min read

Guest Post: Initial Thoughts on the IEEPA Tariff Rulings

This is a guest post by Perry Bechky, a partner at Berliner Corcoran & Rowe LLP and a visiting scholar at Seattle University School of Law. On Wednesday and Thursday, two courts ruled that President Trump lacked the statutory authority under IEEPA to impose tariffs.  The cases are VOS Selections
Simon Lester 01 Jun 2025 3 min read

Will the Trump Administration Revisit ISDS?

Back during Joe Biden's presidency, there were some hints that the Biden administration might be willing to push for the removal of ISDS from existing trade agreements and investment treaties. Members of Congress pressed then-U.S. Trade Rep. Katherine Tai on this issue on a couple occasions,
Simon Lester 01 Jun 2025 2 min read

Initial thoughts on V.O.S. Selections v. U.S. (Court of International Trade per curiam, 5/28/25)

In a clear and decisive opinion, the CIT has struck down as unlawful the tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA) (i) worldwide to “retaliate” for purported balance of trade reasons against alleged trade barriers imposed by other states, and (ii) on Canada, Mexico,
Joel Trachtman 29 May 2025 2 min read

CIT grants IEEPA Plaintiffs' MSJ; Vacates and permanently enjoins all IEEPA tariffs

A unanimous panel (Katzmann, Reif, Restani) of the Court of International Trade has granted Plaintiffs' motion for summary judgment and injunctive relief in the V.O.S. Selections et al. and State of Oregon et al. challenges to all three sets of President Trump's IEEPA tariffs (worldwide/
Meredith Kolsky Lewis 28 May 2025 2 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

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