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Guest Post: The EU’s CBAM-Regulation stands in contrast to fundamental EU-obligations under the Paris Agreement

This is a guest post from Reinhard Quick, Saarland University and Isha Das, University of Passau.[1] Summary By not accepting differentiation and by insisting on a uniform European carbon price the CBAM-Regulation elevates the avoidance of carbon leakage to an overarching principle to which all other obligations are
Simon Lester 19 Jul 2023 8 min read

Was There a Free Trade Era, and Is It Over?

This is something I posted on the Baker Institute site last week: Was There a Free Trade Era, and Is It Over? In recent months, there have been excited proclamations from both traditional media voices and Substack upstarts about the end of “neoliberalism” and free trade, and a search for
Simon Lester 16 Jul 2023 6 min read

Journal of International Economic Law New Issue (26:2) Available Now: Contents

The Journal of International Economic Law is pleased to announce its new issue (Vol. 26, Issue 2), now available on the Journal website. This issue features the following articles: * Trade Agreements and Sustainability: Exploring the Potential of Global Value Chain (GVC) Obligations by James Harrison * Supporting the Transition to Climate-
Kathleen Claussen 11 Jul 2023 1 min read

Some Responses to Lighthizer's Recommendations for the WTO

Former U.S. Trade Rep. Robert Lighthizer has a new book on trade policy. I haven't read the whole book, and I'll leave a full review to others. However, I did come across an excerpt of his seven specific recommendations for the WTO, and I had
Simon Lester 11 Jul 2023 4 min read

More Ron DeSantis on China Trade

As I track U.S. presidential candidates' statements on trade policy, I'm not always going to offer commentary. Sometimes I'll just post the full text, as part of an effort to document everything being said. Here is Ron DeSantis talking to Maria Bartiromo on Fox
Simon Lester 11 Jul 2023 1 min read

A WTO DS Workaround for Appeals Into the Void

Where the party complained against in a WTO dispute appeals into the void and thereby blocks an adverse panel report from having legal effect, can the complaining party just treat the panel report as the final word and move forward with retaliation? The EU has set up a process for
Simon Lester 09 Jul 2023 2 min read

The New U.S.-Taiwan Trade Agreement and Its Approval

This post is by Kathleen Claussen & Timothy Meyer.  It is cross-posted on Lawfare. On June 1, the United States and Taiwan signed a new trade deal. The agreement, which spans eight chapters and 75 pages in the English version, creates obligations for both parties to enhance trade facilitation,
Kathleen Claussen 05 Jul 2023 5 min read

Is Everything We Thought about the World Economy Wrong?

This post is a response to a NY Times piece from a couple weeks ago called "Why It Seems Everything We Knew About the Global Economy Is No Longer True," by the Times' global economics correspondent Patricia Cohen. In my view, there are a number of overstatements
Simon Lester 04 Jul 2023 7 min read

Biden’s ‘Do as I Say, Not as I Do’ Approach to Trade and Industrial Policy Could Harm America in the Future

On June 15, United States Trade Representative Katherine Tai delivered a major trade policy speech advocating for the development of “resilient supply chains” to promote greater national” and economic security. It is difficult to argue with such a goal; resilient supply chains are obviously beneficial for many U.S. businesses,
David A. Gantz 27 Jun 2023 6 min read

Nikki Haley on Chinese Trade and Investment

At AEI today, Republican presidential candidate Nikki Haley gave a speech on the Future of US-China Policy, and in that context said some things about issues related to trade and investment with China. First up, like many other people these days, she wants to revisit the decision to let
Simon Lester 27 Jun 2023 6 min read

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What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

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