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The President’s (and USTR’s) Trade Agreement Authority: From Fisheries to IPEF

This is a post by Kathleen Claussen and Tim Meyer.  It is cross-posted on Lawfare. Over the last few years, separation-of-trade-law-powers questions have grown in importance. We know the basics: according to the Constitution, the regulation of commerce with foreign nations is expressly and unmistakably a congressional prerogative. Treaty-making, on
Kathleen Claussen 15 Jul 2022 7 min read

Sabine Weyand Comments on WTO Dispute Settlement Reform

At a CSIS event today on "Rethinking Trade In a Geopolitical Context: Trends and Transatlantic Cooperation," European Commission Director General for Trade Sabine Weyand spoke with Bill Reinsch about a number of issues, and they had this exchange on WTO dispute settlement reform: Reinsch: This [question] comes from
Simon Lester 13 Jul 2022 2 min read

Comments Regarding U.S.-Taiwan Initiative on 21st Century Trade

U.S.-Taiwan Initiative on 21st Century Trade Prof. Steve Charnovitz I support the Biden Administration's efforts to improve cooperation with Taiwan. Strengthening Taiwan's economic and political sovereignty is important both for the people of Taiwan and for stability in East Asia.  Taiwan improved its international
Charnovitz 12 Jul 2022 4 min read

General vs. Specific Non-Discrimination Obligations and Exceptions in Digital Trade

Following up on my last post, let me go into more detail about an issue that was under the surface in that post but I didn't really get in to: I think there is some overlap between a general non-discrimination obligation, on the one hand, and a specific
Simon Lester 12 Jul 2022 4 min read

Russian Aggression on Ukraine from the International Economic Law Perspective - Webinar

This is from Professor Marcin Menkes about an upcoming webinar: Russian Aggression on Ukraine from the International Economic Law Perspective 14 July 2022 Time zone: CET Venue: This is an online conference. Please register here Conveners: Prof. Marcin J. Menkes, Warsaw School of Economics Prof. Csongor István Nagy, University of
Simon Lester 12 Jul 2022 1 min read

Non-Discriminatory Treatment of Digital Trade Products in the EU-NZ FTA

Last year, I did some blog posts and a short paper that looked at the wording of the provision in digital trade chapters/agreements on "Non‐ Discriminatory Treatment of Digital Products." The basic point was that the usual language in this provision refers to "digital products,"
Simon Lester 10 Jul 2022 2 min read

AD & CVD provisions in the EU-NZ FTA

Negotiations concluded this week on yet another free trade agreement, this time between the European Union and New Zealand. Chapter 5 of the EU-NZ FTA is about  trade remedies. Section A of that chapter deals with antidumping and countervailing duties. As a trade remedies nerd, I always like to take
Jesse Kreier 08 Jul 2022 2 min read

Do Trade Agreements Involve More or Less Deference to Business?

This is something Beth Baltzan, a Senior Advisor at USTR, said at last week's Economist Impact's 2nd annual Global Trade Week as part of a panel discussion on digital trade agreements: We need to think about the philosophy that led to the creation of the trade
Simon Lester 05 Jul 2022 2 min read

Online Symposium: The Global Economy, the Sustainable Development Goals & the Law Symposium

From the Centre for International Sustainable Development Law (CISDL): What are the laws and public policies linking our global economy with sustainability? How can law and governance innovations, worldwide, contribute to people, prosperity and protection of our planet? Please Register Here Now for The Global Economy, the Sustainable Development Goals
Simon Lester 05 Jul 2022 1 min read

Guest Post: Full carbon pricing, average carbon intensity and the Global Steel and Aluminium Arrangement: in conversation with Bixuan Xu and Aaron Cosbey

This is a guest post by Dr Giulia Claudia Leonelli of Birkbeck College, University of London In June 2022, the Clean Competition Act was introduced in the US Senate. Bixuan Xu has developed an insightful comparison of the Whitehouse Bill and the EU proposal for a carbon border adjustment mechanism
Simon Lester 03 Jul 2022 6 min read

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International Economic Law and Policy Blog

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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

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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