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Will The U.S. Challenge Foreign Trade Remedies At the WTO?

Reuters reports: "It is unfortunate that China decided to impose provisional countervailing duties on imports of grain oriented electrical steel (GOES) from the United States," said Carol Guthrie, a spokeswoman for the U.S. Trade Representative's office. "We do not believe that the imports in
Simon Lester 11 Dec 2009 1 min read

War, What is it Good For?

(With apologies to Edwin Starr.) Today's FT has an editorial expressing fear that border taxes in relation to carbon content, if implemented by jurisdictions like the U.S. and E.U., would start a trade war.  The FT thinks it's dangerous and dumb to risk trade
Trachtman 09 Dec 2009 1 min read

Health Care Reform and Trade Liberalization

An AEI event on December 11: Throughout the long debate on health reform, policymakers have overlooked one simple fact: giving everyone health insurance will greatly increase the demand for health services. Without expanding the supply of doctors and the capacity of the health system, health reform means skyrocketing costs and
Simon Lester 09 Dec 2009 1 min read

Tim Groser on Border Tax Adjustments: "anti-dumping or CVD investigation on steroids"

He is not a fan: But my purpose today is to look at the 'stick', trade measures, and the idea of unilateral BTAs, or Border Tax Adjustments in particular. Let me start by quoting Mencken: "For every major problem, there is always a solution that is simple,
Simon Lester 09 Dec 2009 3 min read

Some Carbon Import Tariff Specifics: A 9% Duty

From Daniel Gros over at vox: The Commission has estimated that a carbon price of around the €40-50 per tonne would be required to reach the EU’s 2020 commitments. This would imply, at current exchange rates, about $50-70 per tonne. This might be too high for the US, where
Simon Lester 09 Dec 2009 1 min read

Using a Tariff to Promote Chinese Currency Revaluation

Economist Robert Aliber, writing in the FT: The US can help China make the necessary adjustments toward a reduction in imbalances by adopting a uniform tariff of 10 per cent on all Chinese imports, based on their values when they enter the US. Six months after the establishment of this
Simon Lester 09 Dec 2009 2 min read

Import Bans on Nuclear Waste: The GATT Article XX Defense

The other day, I did a short post on a possible U.S. ban on imports of nuclear waste (the importation would be for processing and disposal here in the U.S.).  I didn't say anything about the legal issues, because I thought the conclusion was clear --
Simon Lester 07 Dec 2009 1 min read

Aircraft Update

For those of you wondering, as I have been, when we might see a report in the EC - Aircraft (DS316) case, the Panel has given some guidance: The Panel issued its interim report to the parties in September 2009, and is now in the process of finalizing its report.
Simon Lester 07 Dec 2009 1 min read

Petina Gappah: Trade Lawyer/Author

This blog is mostly about international economic "law and policy," as its title indicates.  But it's also about the international economic law "community," which includes the people in it.  With that in mind, I'm going to talk a bit about one of
Simon Lester 07 Dec 2009 1 min read

U.S. Takings Law and International Takings Law: The Florida Beach Erosion Case

From the WSJ: The Supreme Court waded into a property-rights dispute Wednesday, weighing whether Florida can restore eroded beaches in front of private homes and designate the newly emerged beach as public property. Erosion threatens nearly 59% of Florida's 825 miles of sandy beaches, according to the state&
Simon Lester 06 Dec 2009 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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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

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

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

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