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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
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

Guest Post: Response to Bixuan Wu on EU's CBAM

This is a response by Aaron Cosbey to the July 1, 2022 IELP Blog Guest Post by Bixuan Wu: The EU’s CBAM The author concludes that the EU’s CBAM is primarily about pressuring other countries into raising domestic carbon prices. This is not so. It’s primarily aimed
Simon Lester 03 Jul 2022 2 min read

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
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
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
Simon Lester 23 Jun 2022 1 min read

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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

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

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