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Call for Submissions for the 2023 JIEL Junior Faculty Forum

The Journal of International Economic Law is delighted to announce the third 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 scholars
Kathleen Claussen 26 Jun 2023 1 min read

Ron DeSantis on China Trade

Unfortunately, U.S. election season is upon us, and perhaps it would be useful if I documented the presidential candidates' statements on trade. That's mostly going to feature the Republican presidential hopefuls (and hopelesses, if that's a word!), but if Biden says anything new and
Simon Lester 22 Jun 2023 3 min read

Katherine Tai on Colonialism and Industrialization

You don't see much talk about "colonialism" in mainstream U.S. trade policy discussions, so I was excited to see this from U.S. Trade Rep. Katherine Tai in her speech last week: Whether it is through working with us on the Critical Minerals Agreement, the
Simon Lester 21 Jun 2023 5 min read

Katherine Tai Speech on Resilience and Security

In remarks yesterday that a USTR press release referred to as a "major speech," U.S. Trade Rep. Katherine Tai offered a detailed explanation and defense of the Biden administration's trade policy. There were a number of points I disagreed with, but instead of going line
Simon Lester 15 Jun 2023 3 min read

WTO DS Reform Proposals: Sunset Clause, ADR, and Streamlining the Panel Process

Geneva-based reporter Ravi Kanth has another piece about the ongoing WTO dispute settlement reform discussions, offering some detail on three specific proposals: -- review/sunset clause -- ADR -- streamlining the panel process On review and sunset, Kanth says the following: The UK introduced the proposal with the interests here
Simon Lester 12 Jun 2023 2 min read

Would a U.S. Carbon Border Tax Pressure Other Countries To Reduce Emissions, or Just Lead To Retaliation?

A recent Washington Post article describes a new piece of U.S. legislation that could eventually lead to the imposition of a carbon border tax: In a rare example of a bipartisan climate policy, momentum is growing on Capitol Hill for a plan to tax imports from China and other
Simon Lester 11 Jun 2023 4 min read

USTR Goes Old School in USMCA Complaint on Mexican GE Corn Ban

Back in the 1990s, an important area of the trade policy debate was about how WTO rules might interfere with domestic environmental, food safety, and other public policy measures. There were cases such as Shrimp/Turtle, with a number of countries challenging a U.S. environmental measure; and EC -
Simon Lester 08 Jun 2023 3 min read

Security of Steel Capacity – and the Persistence of trade security exceptionalism

In its 2022 WTO Trade Policy Review for the United States (US), China asked the US about its Section 232 tariffs on steel and aluminium. Specifically, China asked about the US steel capacity utilisation rate target of 80% in the Steel Report. China asked the US whether it would now
Mona Paulsen 06 Jun 2023 5 min read

The Supreme Court's Latest Ruling on the Dormant Commerce Clause: More Evidence that People Disagree on the Appropriate Degree of Economic Integration

It has been a while since I've written about a U.S. Supreme Court dormant Commerce Clause case, but the recent National Pork Producers Council v. Ross decision provides a great opportunity to revisit the issue. Steve Charnovitz commented on the decision here. (Here are some other takes:
Simon Lester 31 May 2023 15 min read

“Nice” Trade Lawmaking: How Congress Talks With The USTR

Readers will likely recall the exchange between Ambassador Tai and Rep. Greg Murphy during the annual trade policy agenda hearing a few weeks back in which Rep. Murphy said he thought Ambassador Tai was "too nice" to be effective as the USTR.  You remember it because it went
Kathleen Claussen 24 May 2023 1 min read

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International Economic Law and Policy Blog

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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