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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

The Latest U.S. Statement on WTO Dispute Settlement

In a statement at the Informal TNC and Heads of Delegation Meeting today, the United States said this about WTO dispute settlement: On dispute settlement, the United States believes that Members must undertake fundamental reform if the system is to remain viable and credible. The dispute settlement system can and
Simon Lester 25 Jun 2021 2 min read

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The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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