International Economic Law and Policy Blog (Page 4)

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U.S. State Capitalism as a Response to Chinese State Capitalism

In an interview last week, David Faber of CNBC pressed Commerce Secretary Howard Lutnick on several Trump administration actions that could be characterized as "state capitalism": Faber: As somebody who's been around the capital markets for years, as you have been, I do wonder, how do

A Few Thoughts on Antitrust and Big Tech

I'm no antitrust expert, but I do have some opinions on it, and I'm going to offer a few of them in this post. As an intro, I want to mention a speech by Notre Dame law professor Roger Alford -- whose Opinio Juris blog posts

Wentong Zheng on Presidential Tariffs

University of Florida law professor Wentong Zheng has posted a new paper called "Presidential Tariffs," in which he argues that the IEEPA should not be interpreted to allow the President to proclaim tariff modifications for the purpose of entering into market-opening trade agreements, given that Congress allowed the

Matthew Schaefer on Trump Administration Trade Policy: A Historical Perspective and Key Questions & Takeaways

The following is an excerpt from a new Yeutter Institute piece by University of Nebraska law professor Matthew Schaefer entitled "Trump Administration Trade Policy: A Historical Perspective and Key Questions & Takeaways," offering a good roundup of a lot of the biggest trade policy issues out there at

Todd Tucker on Tariffs and the Role of Courts

In an op-ed in the FT entitled "Opponents of Trump’s tariffs should be wary of relying on the courts," Todd Tucker argues against U.S. courts striking down Trump's IEEPA tariffs. I have some questions and comments on his views of this issue, focusing on

Guest Post: Trump, Trade and Coercion

This is a guest post from Boston College law professor Frank Garcia. (Cross-posted from the Cambridge University press blog) The first year of Trump’s second term has been a chaotic one for trade, as for so much else. Before inauguration, the President had already threatened tariffs against Denmark to

What Trump's Trade Representative Got Wrong

Last week, USTR Jamieson Greer wrote an essay in The New York Times entitled, ‘Trump’s Trade Representative: Why We Remade the Global Order’. Simon has already done the heavy lifting by asking some necessary questions about this new order. Out of all the inaccuracies and “too early to tell”

New Security Exception Language Establishes a Two-Tiered Approach

Via Mona Paulsen and Devon Whittle, I see that Chapter 28 of the UK-India trade agreement has some interesting new language on security exceptions. It starts off as expected, with the following: Article 28.2 Security Exceptions 1. Nothing in this Agreement shall be construed to: (a) require a Party

Jamieson Greer on Remaking the Global Trade Order

U.S. Trade Rep. Jamieson Greer had a NY Times op-ed yesterday entitled "Why We Remade the Global Order." I have a few reactions to specific things he said. I'll quote some points from the op-ed and then give a brief response. Greer: Our current, nameless

Trump Pushes Big Pharma on Controlling U.S. Prices

Following up on a previous post of mine, let's check in on the Trump administration's efforts to lower drug prices in the U.S. market. A White House fact sheet from last week explains that "Trump sent letters to leading pharmaceutical manufacturers outlining the steps