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Call for Venues for the SIEL Biennial Global Conference in 2023

From the SIEL: The Society of International Economic Law (SIEL) is seeking a suitable venue and institutional host for the Eighth Biennial SIEL Global Conference, to be held in July 2023. The Call for Venues is open to all institutions...

Guest Post: The CPTPP/TPP-11, the UK and China

This is a guest post from law professor Jaime Tijmes Trans-Pacific Partnership (TPP) negotiations concluded in October 2015.[1] United States President Obama heralded the TPP as a renegotiation of NAFTA: a|TPP representing a renegotiation of NAFTAa| (available at https://web.archive.org/web/20191217063334/https://ustr.gov/tpp/) As...

The Eco Oro Minerals v. Colombia Award: More Evidence that MST/FET Can't Be Salvaged

Over on Twitter, lots of people are talking about the recent investment arbitration award in Eco Oro Minerals v. Colombia. (For Investment Arbitrator Reporter subscribers, a summary of the tribunal's reasoning is here.) I've followed some of the Twitter discussion,...

Can Domestic Disputes Over Who Is the Legitimate Government of a Country Be Addressed at the WTO?

What happens if governments raise concerns at the WTO over whether a particular government is a legitimate one? Here is the U.S. statement at the March 26 DSB meeting as summarized in the official minutes: 1.2. The representative of the...

The Possibility of Another Section 301 Investigation on Chinese Trade Practices

At the end of the day on Friday, there were a number of news reports about the Biden administration considering a new Section 301 investigation on China, this time focusing on subsidies. Here's Bloomberg: The Biden administration is weighing a...

Introducing China Trade Monitor

As many of you know, I left Cato as of July 1. Since then, I've been working with my former Cato colleague Huan Zhu to set up a news/analysis website on China trade issues. It's called China Trade Monitor and...

ANZSIL International Economic Law Interest Group Workshop

From the ANZSIL International Economic Law Interest Group: The Co-Chairs of ANZSILas International Economic Law Interest Group, Dilan Thampapillai and Chris Riffel, are pleased to present the programme of this yearas workshop. The workshop on Monday, 6 Sept, will be...

Some Quick Reactions to the WTO Panel Report on U.S. - Safeguards on Photovoltaic Products

The WTO panel report on U.S. - Safeguards on Photovoltaic Products was circulated today. Here are a few reactions based on a very quick read of the report. First, it seems like kind of a big deal that a safeguard...

The Solar Safeguards Panel Report - Some First Reactions

The newly-released Panel Report in US a Solar Safeguard (WT/DS562/R) is of course notable in that, for the first time, a global safeguard measure challenged in WTO dispute settlement has fully survived panel review. A longstanding practice of imposing standards...

USMCA State-State DS Is Keeping Busy

Panel composition in a second USMCA dispute, on U.S. - Solar Safeguards, was recently announced (the first USCMA dispute panel to be composed was discussed here). The panelists are: Mario Matus, Chair, by agreement of the disputing Parties Jennifer Hillman,...

Trade, Executive Agreements and US Law: Invitation to Trouble?

It may not be a new idea, but recent developments remind me how the status of US trade agreements as executive agreements, and the consequent (lack of a) role for them in US domestic law, has hindered the United Statesa...

The Place of China in U.S. Foreign Policy After 9/11 and China's WTO Accession

Former State Department official Evan Feigenbaum was recently part of an oral history project on the George W. Bush presidency. I found his comments on that administration's initial focus on China in foreign policy but subsequent shift to the Middle...

Economic Sanctions, Nuclear Proliferation and Regional Stability: Whither Iran & the Biden Administration?

From its earliest days, restoring the Iran nuclear deal has been a priority of the Biden Administration. A signal foreign policy accomplishment of former US President Barack Obama, the deal involved Iran agreeing to concrete verifiable steps to constrain those...

Entries for the 2022 Hart SIEL-HART Prize in International Economic Law open in September 2021

This is from Hart and SIEL: ABOUT THE PRIZE The SIELaHart Prize is awarded every 2 years to an outstanding unpublished manuscript by an early career scholar in the field of International Economic Law and is sponsored by the Society...

A Possible Fifth MPIA Case

I previously noted the four WTO disputes where agreed procedures between the parties for using the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) have been circulated (as well as an agreement to use Article 25 arbitration outside the context of the...

Guest Post: New Book on Climate Clubs and International Trade and Investment Law

This is a guest post from law professor Rafael Leal-Arcas Climate Clubs for a Sustainable Future: The role of international trade and investment law (Kluwer Law International, 2021), by Rafael Leal-Arcas (Queen Mary University of London). We know the science...

How Did the U.S. Set Tariffs When Unconstrained by Trade Agreements?

Here's an excerpt from a very interesting new paper by Doug Irwin and Anson Soderbery: What objective is a government trying to achieve in setting import tariffs? ... what factors would drive government behavior in the absence of such agreements...

Guest Post: New Book on Energy in International Trade Law

This is a guest post post from Anna Marhold, Assistant Professor at Leiden Law School Energy in International Trade Law: Concepts, Regulation and Changing Markets (Cambridge University Press 2021) by Anna Marhold (Leiden Law School) Against the backdrop of energy...

Commerce Secretary Raimondo on Section 232 Steel and Aluminum Tariffs

If any doubts remained six months into the Biden Administration that the Administration would be any less protectionist or aBuy Americana oriented than its predecessor, they were largely laid to rest by recent comments from Commerce Secretary Gina Raimondo in...

New World Trade Review Written/Video Debate on Carbon Border Adjustments

Many of you know Mona Paulsen as the Queen of Trade Law Archival Research, but she is also a scholarly tech innovator, having convinced the stodgy folks at Cambridge University Press to do a video discussion for a World Trade...

Guest Post: Will the EU CBAM Cover More Than What You Think? Complex Goods, System Boundaries, and Circumvention Under the Commissionas CBAM Proposal

This is a guest post from trade lawyers CA!ndido GarcAa Molyneux & Paul MertenskAPtter: On July 14, the European Commission presented its legislative proposal for a Carbon Border Adjustment Mechanism (aCBAMa). This long-anticipated tool is intended to make importers pay...

The Battle of Ben & Jerry's-WTO Law as a New Front

One week ago, global ice cream maker Ben & Jerry's announced that the firm would no longer allow products to be sold under its brand in the Occupied Palestinian Territories (OTP). Israel's continuing occupation of these territories is almost universally...

Per Capita Emissions vs. Manufacturing Emissions: Why Not Do Both?

In the Hindustan Times, trade lawyer RV Anuradha has an op-ed entitled "EUas CBAM, US Carbon Tax undermine international climate and trade laws." What particularly interested me was the description of an alternative focus for climate change mitigation efforts. Whereas...

The Beginning, End, and Imminence of Invoking Essential Security at the WTO

With the release of the latest US submission in United States-Origin Marking Requirement (DS597), it is worth thinking about one of the open questions of the GATT security exceptions in todayas climate a what does it mean to take action...

RCEP dispute settlement - Some observations

As a former WTO lawyer, I am always interested in comparing WTO procedures to those of other trade agreements. I have recently found myself dabbling in RCEPas dispute settlement provisions. While this is yesterdayas news, perhaps some readers who have...

Guest Post: Making the Rules of the Game with Prudence a Analysis of the EUas CBAM Proposal

This is a guest post from trade lawyer Bixuan Wu of the Hiways law firm: On July 14, the European Commission unveiled its ambitious aFit for 55a package, which includes the long-awaited legislative proposal on Carbon Border Adjustment Mechanism (CBAM)....

Krugman on Carbon Tariffs

Paul Krugman has a new op-ed on carbon tariffs that made sense in parts but puzzled me in other parts. Here is the part that I thought made sense: ... You can think of national policies designed to limit greenhouse...

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