International Economic Law and Policy Blog (Page 94)

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Questions About the MPIA and Article 25 Appeal Arbitration

I have a short Cato paper out today on the Multi-Party Interim Appeal Arbitration Arrangement (MPIA). I am excited about the prospects for the MPIA, but I do have some questions, including the following: What approach will the MPIA take regarding the interpretation of core WTO principles such as

Unilateralism vs. Multilateralism on Carbon Taxes / Carbon Tariffs

In my view, carbon taxes are the best way to address climate change, and the best approach to carbon taxes is to apply them in a non-discriminatory manner to products from all countries. How exactly do you make them non-discriminatory? Ideally, you would do this on a multilateral

New Book from David Gantz on the USMCA

An Introduction to the United States-Mexico-Canada Agreement: Understanding the New NAFTA (Edward Elgar Publishers, 2020), by David A. Gantz, has been published. The description follows: The United States-Mexico-Canada Agreement (USMCA), a modified and modernized version of the North American Free Trade Agreement (NAFTA), will continue to

Upcoming SIEL Conversation: African Continental Free Trade Area in an Era of Waning Multilateralism - Of Optimists and Sceptics

From the SIEL: Upcoming SIEL Conversation: African Continental Free Trade Area in an Era of Waning Multilateralism - Of Optimists and Sceptics The aim of SIEL Conversations is to bring together authors and commentators to give talks that are idea-focused so as to foster learning and inspiration, and provoke conversations

Guest Post: TikTok, IEEPA, and CFIUS

This is a guest from Wentong Zheng, a law professor at the University of Florida On August 6, 2020, President Trump issued an executive order entitled Addressing the Threat Posed by TikTok, and Taking Additional Steps to Address the National Emergency With Respect to the Information and Communications Technology and

Guest Post: PPE and the Costs of Section 301 Tariffs

This is a guest post from Ernesto Hernández-López, Professor of Law at the Dale E. Fowler School of Law, Chapman University. He researches international trade and international law. Just as the United States and China agreed to a truce in tariff retaliations with the Phase One Agreement on February

Guest Post: A Response to Lighthizer on Third Party Adjudication

This is an anonymous guest post that responds to a recent op-ed by U.S. Trade Representative Robert Lighthizer. [Note: Some people’s work means that they prefer to discuss such issues on a non-attributable basis, and there have been many anonymous comments on this blog over the

China and distortions - Bis

As previously reported in this blog, China last month found that non-market economy conditions exist in the US energy and petrochemical sector, and accordingly swapped out US exporters’ costs in calculating the dumping margin for US n-propanal exporters (“The US is now a non-market economy – anti-dumping

DSU Article 11 and Appellate Review: Past, Present, and Future

DSU Article 11 provides the following: Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the

Renovating the International Architecture for Economic Growth and Social Justice

Renovating the International Architecture for Economic Growth and Social Justice Steve Charnovitz 6 August 2020 One of the enduring lessons of the past 150 years is the value added from international rules and transnational mimesis. National (and subnational) governments are the primary providers of public regulation and public goods, but