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Dark Globalization: Authoritarian Arbitrage in the Case of Kilmar Abrego Garcia

One dimension of the current case of Kilmar Abrego Garcia concerns the dark side of globalization:  arbitrage by authoritarians to subvert constitutional and human rights protections. Abrego Garcia has been strategically disenfranchised through jurisdictional arbitrage implemented by physical transfer to El Salvador.  If he remained in the U.S., he
Trachtman 18 Apr 2025 1 min read

Questions About the Upcoming Trade Deals

There have been a lot of U.S. tariffs in recent months, and it's getting hard to keep track of them all. This post deals with the IEEPA "reciprocal tariffs" announced on April 2, rather than the earlier IEEPA fentanyl tariffs or the various Section 232
Simon Lester 16 Apr 2025 2 min read

Stephen Miran on the U.S. Providing Global Public Goods

Last week, Stephen Miran, the Chairman of the Council of Economic Advisers, gave a speech at the Hudson Institute in which he explained that the U.S. deserved compensation for certain "global public goods" it provides to the world. In his opening remarks, he identified two such public
Simon Lester 13 Apr 2025 6 min read

Guest Post: Japan Signals a Possible Shift Away from the WTO Dispute Settlement System in Response to U.S. “Reciprocal Tariffs”

This is a guest post from Yoshimichi Ishikawa, Associate Professor, University of Shizuoka, Japan For decades, Japan has adhered to the principle that trade disputes should be addressed strictly within the WTO dispute settlement framework. This long-standing position may now be facing a turning point. On April 2, 2025, the
Simon Lester 08 Apr 2025 2 min read

Andrew P. Vance Memorial Writing Competition Call for Papers

This is from the Customs and International Trade Bar Association (CITBA) and Georgetown Law School The Customs and International Trade Bar Association (CITBA) and Georgetown Law School are pleased to announce 2024-2025 Andrew P. Vance Memorial writing Competition. The competition is welcoming papers with an in-depth analysis of a current
Simon Lester 06 Apr 2025 1 min read

Guest Post: How to (legally) respond to the ‘reciprocal’ tariffs announced by the Trump administration?

This is a guest post from Antoine Comont, Ph.D Candidate at Laval University and the University of Bordeaux If respecting international law is a virtue that still makes sense to you, the question for each of the countries affected by the tariffs announced yesterday by the administration is how
Simon Lester 05 Apr 2025 10 min read

Collective Economic Security

Collective Economic Security By Mona Paulsen (LSE Law) and Dan Ciuriak (C.D. Howe (Senior Fellow)) With a flurry of pomp and circumstance, the second Trump administration has reset United States trade with its trading partners. Based on U.S. laws that afford wide Executive discretion towards trade actions owing
Mona Paulsen 03 Apr 2025 5 min read

A Few Answers To My Questions about Trump's Reciprocal Tariffs

Last week, I asked a lot of questions related to what we might expect from Trump's "reciprocal tariffs." Now we have a few answers in the Executive Order and a fact sheet from yesterday. Let's go through them. Which statutes will they use as
Simon Lester 03 Apr 2025 8 min read

Call for Papers: Law and Economic Development

This is from the ASIL International Economic Law interest group: The University of Hawai'i at Mānoa, William S. Richardson School of Law and the Law and Development Institute are co-hosting a conference in December 2025 in Honolulu, Hawai'i. The conference theme is "Law and Economic
Inu Manak 31 Mar 2025 1 min read

Guest Post: How to retaliate against looming Trump tariffs

This is a guest post from Simon Schropp (BRG and George Washington University) and Kornel Mahlstein (Sidley Austin LLP) Eight weeks into the Trump Administration it appears that the “Trump tariffs” on America’s closest allies are not mere posture. Treasury Secretary Scott Bessent announced on March 18 that the
Simon Lester 31 Mar 2025 5 min read

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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

A GOP Tariff Working Group and Post-Trump U.S. Trade Politics

The Hill reported last week that a handful of pro-trade Republicans in Congress used some leverage during a vote about voting on tariffs – it's complicated, check out the details at the link for more! – to get a Republican working group on tariffs established: And [Tom] McClintock [R-CA] said
21 Sep 2025 4 min read

The Japan-U.S. Investment MOU: Centrally Planned Foreign Investment?

In the last post, Mona set out the basics of the Japan-U.S. MOU on "Strategic Investments" in the U.S. – or at least, a version of the MOU that was posted by the Japanese government online, although we don't know for sure if this is
14 Sep 2025 3 min read

Have the Japanese turned investment lemons into investment project lemonade?

Last week, the governments of the United States and Japan completed a Memorandum of Understanding (MOU) to flesh out the details of a $550 billion pledge to invest in the United States made as part of the bargain to ‘buy down’ the tariffs imposed on Japanese traded products.  For months,
11 Sep 2025 8 min read

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