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Guest Post: To penalize low carbon price or high carbon intensity? – A comparison of the EU’s CBAM and the U.S. Clean Competition Act

This is a guest post from trade lawyer Bixuan Wu of the Hiways law firm: The EU’s CBAM On June 22, the European Parliament adopted its “first reading” position on the regulation establishing a Carbon Border Adjustment Mechanism (CBAM). After the vote, rapporteur Mohammed Chahim said the CBAM would
Simon Lester 01 Jul 2022 7 min read

Call for Submissions: Trade, Law and Development

This is from the Managing Editor of Trade, Law and Development: Trade, Law and Development is a student-edited journal published by the National Law University, Jodhpur. The Journal has been consistently ranked as the best law journal in India across all fields and the 10th best journal in the field
Inu Manak 30 Jun 2022 1 min read

Katherine Tai on Incompatible Economic Systems

Last week during a Senate subcommittee hearing, U.S. Trade Representative Katherine Tai responded to a question from Senator Braun with the following discussion of trade between market-oriented and non-market-oriented economies: But that's not the sum total of the challenge that we have, and I think that in
Simon Lester 26 Jun 2022 6 min read

Russian Aggression on Ukraine from the International Economic Law Perspective – Call for Papers

This is from Professor Marcin Menkes: The Warsaw School of Economics and the University of Szeged, ELKH Center for Social Sciences, are organizing the ESIL-supported conference on the timely topic: “Russian Aggression on Ukraine from the International Economic Law Perspective“. The conference will take place online in a webinar format
Simon Lester 23 Jun 2022 1 min read

SIEL Conversations: The Outcomes of MC12 and the Future of the Multilateral Trading System

From the SIEL: SIEL Conversations: The Outcomes of MC12 and the Future of the Multilateral Trading System27 June 2022 at 2pm Brussels time Interested in the outcomes of the World Trade Organization MC12? Please join us next Monday on this SIEL Conversation, with present and former officials, negotiators and observers.
Simon Lester 23 Jun 2022 1 min read

Guest Post: Consensus as the Hallmark of the WTO: Time to Change

This is a guest post from law professor Bashar Malkawi: Throughout much of GATT and then WTO history, consensus has been the norm. For example, article XXV (3) and (4) call for one vote per nation and decisions to be taken by majority vote, but in practice consensus was developed
Simon Lester 23 Jun 2022 3 min read

BIICL Border Carbon Adjustment and MC12 Events

BIICL has sent information on two upcoming events: 22nd BIICL Annual WTO Conference: Climate Change: Border Carbon Adjustment Approaches and the WTO (July 15) Why are Border Carbon Adjustment (BCA) Approaches being considered by an increasing number of countries? What are the factors to be accounted for to design a
Simon Lester 23 Jun 2022 2 min read

Non-Violation Arguments in the USMCA Auto Rules of Origin Dispute

In the ongoing USMCA dispute on United States - Automotive Rules of Origin (USA-MEX-CDA-2022-31-01), in addition to their arguments that the U.S. unilateral interpretation of the USMCA Rules of Origin provisions for passenger vehicles and light trucks violates USMCA rules, Mexico and Canada have made a non-violation nullification or
Simon Lester 13 Jun 2022 12 min read

Katherine Tai on Fixing WTO Dispute Settlement

At the WITA event I mentioned previously, former USTR official Wendy Cutler spoke with U.S. Trade Rep. Katherine Tai about WTO dispute settlement reform. Here was their exchange: Cutler: You've mentioned, and I've heard others talk about, ... we should think post MC12, and particularly about
Simon Lester 09 Jun 2022 4 min read

Katherine Tai on IPEF Enforceability

At a WITA event yesterday, former USTR official Wendy Cutler had a conversation with U.S. Trade Rep. Katherine Tai about various trade issues. One thing they touched upon was the enforceability of the IPEF. Here was their exchange: Cutler: How about enforcement and the IPEF? It's not
Simon Lester 07 Jun 2022 3 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 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

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part I

Thanks to Simon for kickstarting a debate on the prospect of bringing economic security provisions into trade agreements, and for allowing me to respond here.
26 Nov 2025 4 min read

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