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Extraterritoriality in U.S. Law

Here's an interesting Dormant Commerce Clause case that might come before the U.S. Supreme Court, as described by a Cato colleague of mine: One of the several failures of the Articles of Confederation was the incapacity of the central government to deal with trade disputes among the
Simon Lester 22 Apr 2014 2 min read

Forget Clove Cigarettes, What about Clove Cigars?

This is from the U.S. answers to questions from the arbitrator in the Clove Cigarettes Article 22.6 proceeding: 88. Company documents from Kretek International (“Kretek”), which occupied 97 percent of the market for clove cigarette imports in the United States, substantiate that the current market for clove cigars
Simon Lester 22 Apr 2014 1 min read

A Revolving Door at the Appellate Body?

The Appellate Body has issued some "guidelines" for employees (AB judges, secretariat staff, interns) to follow after they have left: POST-EMPLOYMENT GUIDELINES IN RESPECT OF FORMER APPELLATE BODY MEMBERS, FORMER APPELLATE BODY SECRETARIAT STAFF, AND FORMER INTERNS AT THE APPELLATE BODY SECRETARIAT The Appellate Body expects the individuals
Simon Lester 20 Apr 2014 2 min read

Is the “Yarn-Forward” Rule Forwarding Free Trade?

The answer may depend on whom you ask.  Indeed, against the background of the recent TPP negotiation this particular origin rule offers a unique lens through which one can investigate a complex relationship of free trade, political economy and trade regionalism. According to Lien Hoang of the Bloomberg BNA, amid
Sungjoon Cho 15 Apr 2014 1 min read

The U.S. “Preemptive” Appeal in China-Rare Earths

Following up on Simon’s last post, I want to raise a few questions on the US appeal. In "U.S. Files 'Preemptive' Appeal Against WTO Ruling on Chinese Rare Earths", BNA WTO Reporter, April 10, 2014, Daniel Pruzin reports: The U.S. has filed a
Julia Qin 12 Apr 2014 2 min read

The China - Rare Earths Appeal

As everyone has no doubt heard by now, the U.S., Japan and the EU recently won a big victory over China in the Rare Earths case at the WTO. The WTO panel ruled that various Chinese export duties and quotas violated WTO obligations and were not justified by any
Simon Lester 12 Apr 2014 3 min read

WTO Seals:Canada kept export program for indigenous products under wraps til after AB hearing

One of Canada's key contentions in the WTO Seals dispute is that the indigenous exception in the EU ban is lacking in evenhandedness, favoring Greenland seal products over Canadian products.  The exception is de jure neutral and available to indigenous products regardless of origin.  But Canada has maintained
Rob Howse 10 Apr 2014 1 min read

Are Bank Bailouts “Subsidies” (and Do They Violate the WTO Norms)?

Tons of money flowed from the government (tax payers’ money!) to large banks in the United States and Europe to fight against financial crises.  The IMF has recently issued a report in which it calculated the size of such bailouts as well as proposed some reform agendas.  Interestingly, the IMF
Sungjoon Cho 08 Apr 2014 1 min read

No ISDS in the Australia - Japan EPA

This is from economics reporter Peter Martin: And now Australia has said no to an ISDS in its free trade agreement with Japan. The agreement will be better and simpler because of it. Some details of the agreement are here, but the full text is not out yet. Australia is
Simon Lester 07 Apr 2014 1 min read

A COOL Decision

Today the DC Circuit vacated (per curiam) its previous three-judge panel decision on March 28 (American Meat Institute v. Dep’t of Agriculture, No. 13-5281, Slip Op. at 14, n.1 (D.C. Cir. Mar. 28, 2014), and decided to rehear this case en banc.  (See also Andrew Zajac, Meat
Sungjoon Cho 04 Apr 2014 2 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Tracking Goods Exports under the Trump Administration's Trade Policies

My sense is that one of the reasons some traditionally pro-trade members of Congress have continued to support Trump's trade policies, despite misgivings they may have about tariffs, is because they hope these policies will pry open foreign markets, leading to increased US exports.
07 May 2026 8 min read

Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

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