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Rachel Brewster on Carbon Tariffs

She thinks they are likely to be unfair: ... if the United States decides to apply a carbon tariff, then it must decide how much carbon it gets to produce compared with other countries. The Boxer-Lieberman-Warner bill, for example, determines whether another country's environmental regulation is comparable to the
Simon Lester 20 Apr 2009 1 min read

US-China Chicken War

Yesterday, China decided to take the chicken case with the US a month after Dr. Zhang Xiangchen, China's DPR to the WTO, made the strong statement on chicken in the WTO. It seems Obama is in for a treat of Chinese-style stir-fried chicken. The question is, does he
Henry Gao 18 Apr 2009 2 min read

Ron Kirk on Trade and Climate Change

USTR Ron Kirk talks about trade and climate change: I would like to emphasize the Administration's view that global climate change is a priority and that our response includes asserting U.S. leadership to establish a domestic cap-and-trade system and put us on a trajectory to gradually reduce
Simon Lester 17 Apr 2009 2 min read

Adaptive Governance and International Trade

Dapo Akande of EJIL:Talk! writes with the following: Today and tomorrow we have a debate on the blog about Adaptive Governance and International Trade.  The debate is structured around a response by Monica Garcia-Salmones to an article published in the European Journal of International Law in 2007 by Rosie
Simon Lester 16 Apr 2009 1 min read

NAFTA Non-Discrimination: The Corn Products Decision

Turning back to non-discrimination under NAFTA Chapter 11, which has become a recent obsession of mine, in addition to Grand River Enterprises, there is another NAFTA Chapter 11 case dealing with non-discrimination standards that is worth talking about:  The Corn Products case (discussed on this blog by Luke Peterson just
Simon Lester 15 Apr 2009 5 min read

What Legalized Online Gambling Might Look Like in the U.S.

There has been some talk of legalized online gambling in recent months.  I'm a little skeptical we'll see this happen any time soon, but if it does, this approach seems problematic from a trade perspective: With every sign pointing to the eventual regulation of Internet gaming
Simon Lester 14 Apr 2009 1 min read

A Trade in Services Dormant Commerce Clause Case

Someone is challenging Wisconsin's diploma privilege as a violation of the dormant commerce clause: Wisconsin’s diploma privilege for graduates of the law schools at Marquette University and the University of Wisconsin may be in danger, at least if the Seventh Circuit reviews the merits of the privilege.
Simon Lester 14 Apr 2009 1 min read

Counter-measures defence raised in NAFTA Chapter 11 claims against Mexico

A guest post from Luke Eric Peterson of the Investment Arbitration Reporter : In recent weeks, Mexico has slapped retaliatory tariffs on certain US goods – and sought to justify this by pointing to the US failure to provide greater access for Mexican trucks (more specificially, Mexico cites a failure of the
Simon Lester 13 Apr 2009 3 min read

WTO Analytical Index: Is it Really "Authoritative" and a "Source of WTO Law"?

Almost any person involved in WTO legal issues consults regularly the WTO  analytical index to see what panels and the Appellate Body said about a provision. The Index presents itself as " the authoritative guide to the interpretation and application of findings and decisions of WTO panels, the WTO Appellate
Marc Benitah 12 Apr 2009 1 min read

The Stimulus and Buy America: Not Everyone is Worried

Spain sees it as an opportunity: AMERICAN companies are not the only ones hoping for a boost from Barack Obama’s economic stimulus plan. Spanish firms are also positioning themselves to benefit from what they call el Plan Obama. Other foreign companies are jostling for some of the $317 billion
Simon Lester 12 Apr 2009 1 min read

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International Economic Law and Policy Blog

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Featured

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 4 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

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