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How to begin to think about the WTO compatibility of the European Union CBAM

Widely leaked in various versions over the last weeks, the formal Commission proposals for carbon border adjustment have today been publically released.  Already on social media, a debate has been unleashed (not surprisingly) about the WTO compatability of the proposals, including a guest post on this blog.  My overall thinking
Rob Howse 14 Jul 2021 3 min read

CBAM enters with a BANG: the European Commission puts forth its carbon border adjustment mechanism proposal

This is a guest post by trade lawyer Victor Crochet of Van Bael & Bellis The European Commission just unveiled its proposal for a carbon border adjustment mechanism (“CBAM”) (available here). The proposal provides for a new system where importers must purchase CBAM certificates to cover direct and indirect carbon
Simon Lester 14 Jul 2021 4 min read

Guest Post: The TRIPS Vaccine Waiver Controversy

This is a guest post from law professor Michael Trebilcock and lawyer Dan Poliwoda: THE TRIPS VACCINE WAIVER CONTROVERSY* By Michael Trebilcock Emeritus University Professor of Law University of Toronto     Dan Poliwoda Lawyer, Dickinson Wright LLP University of Toronto (J.D., 2020) July 12, 2021 *We acknowledge the invaluable research
Simon Lester 13 Jul 2021 19 min read

International Economic Law Virtual Book Talk Series 2021 - Upcoming Sessions

The American Society of International Law's International Economic Law Interest Group is hosting a summer virtual book talk series again this year and so far has held two conversations featuring recent and upcoming books published by Greg Shaffer and Esme Shirlow.  Each book talk event is one-hour long
Kathleen Claussen 12 Jul 2021 1 min read

More on USTR's View of GATT Exceptions in Relation to Non-GATT Goods Agreements

In a post from February on the U.S. - Origin Marking Requirements (DS597) case, I asked: "Is the U.S. really saying that Article XXI applies beyond the GATT?" Based on the U.S. first written submission in the case, the answer is a resounding yes. Here&
Simon Lester 11 Jul 2021 6 min read

USMCA Panel Composition in Dairy Case Announced

The USMCA Secretariat has posted information on the panel members in the Dairy TRQ case: Panel Selection — Dairy Tariff-Rate Quotas On July 5, 2021, the Parties to the Canada-United States-Mexico Agreement, Chapter 31 dispute Dairy TRQ Allocation Measures (CDA-USA-2021-31-01) completed the Panel selection process. The Panel is composed of the
Simon Lester 07 Jul 2021 3 min read

Section 232, the Scope of National Security, and Projecting U.S. Military Power

In response to legal and political pressure from Congress, the Commerce Department finally released its February 2019 Section 232 investigation report in the autos/auto parts cases. The report is here; the appendices are here. The main recommendation was as follows: The Secretary recommends the following actions the President could
Simon Lester 07 Jul 2021 4 min read

The ITC Report on the Economic Impact of Trade Agreements

In response to a request from Congress (via statute), the U.S. International Trade Commission has issued its second report on the Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures (the previous report is here). The request covered "all trade agreements with respect to which Congress has
Simon Lester 30 Jun 2021 7 min read

Decision & Democracy at the WTO: An Insightful New Study Offers a Genealogy of the Consensus Norm

After Trump, multilateralism is supposedly back.  According to US Secretary of State Antony Blinken, it is "still our best tool for tackling big global challenges."  In the case of trade, of course, multilateralism means, primarily the WTO.  The Organization's approach to decisionmaking-"consensus"-allows
Rob Howse 29 Jun 2021 3 min read

SIEL 2021 Conference

This is from SIEL: SIEL is pleased to invite you to its seventh online Biennial Conference. SIEL’s 2021 Biennial, will take place July 7-9. Registration is now open, please secure your place here https://siel2021.mticket.it/eng/. The 2021 Biennial Global Conference will link international economic law experts
Simon Lester 29 Jun 2021 1 min read

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International Economic Law and Policy Blog

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Featured

Some Questions about the Cambodia and Malaysia Trade Deals

The White House released the texts of trade agreements with Cambodia and Malaysia today. I have lots of questions about this.
26 Oct 2025 3 min read

How Should the U.S. Respond To China's Non-Market Practices?

In an interview last week, Treasury Secretary Scott Bessent talked about the Trump administration's response to China's non-market practices. Part of this response, as he presents it, has been for the U.S. to pursue a specific version of state-led industrial policy as a defensive measure.
20 Oct 2025 5 min read

Guest Post: Too Big To Fail: The EU Steel Industry, Article XXVIII of the GATT 1994 and the EU’s Free Trade Agreements

This is a guest post by trade lawyer Victor Crochet and law professor Weihuan Zhou Steel has long been a contentious topic in international trade, in part because of the numerous jobs it creates and its relevance to downstream industries including those related to national defense. In the European Union
13 Oct 2025 8 min read

Beware the "Securitization" of Trade Policy

In recent years, U.S. trade policy has seen a creeping takeover by "security" concerns. The precise scope of these concerns is unclear, but they appear to cover both the traditional aspects of military-related security as well as the vague and amorphous concept of "economic security."
06 Oct 2025 4 min read

Stephen Miran on Tariffs and National Savings

In a speech earlier this week, Stephen Miran, who had been the Chair of the Council of Economic Advisers and is now a member of the Federal Reserve Board, made his case for a looser monetary policy. One aspect of his argument was that he thinks national savings will be
24 Sep 2025 4 min read

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