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The Australia-EU FTA Data Flows Obligations and Exceptions The digital trade chapter of the Australia-EU FTA text is a new data point in looking out how governments are crafting data flow provisions and exceptions, as part of an effort to constrain domestic regulations while still providing the space to pursue legitimate public policies.

The Australia-EU FTA Data Flows Obligations and Exceptions

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Scrutinizing and Monitoring Trade Remedies, at the WTO and by Governments With all the new directions in tariff imposition that have taken place in recent years here in the U.S., traditional trade remedies have been overshadowed to some extent. But they haven't gone away, and in fact are as widely used as ever, both in the U.S. and in other countries.

Scrutinizing and Monitoring Trade Remedies, at the WTO and by Governments

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Congress Should Push for Transparency in the Enforcement of the New U.S. Trade Deals U.S. Trade Rep. Jamieson Greer is scheduled to testify tomorrow before a House Subcommittee, with a focus on the USTR budget but if I recall correctly from past experience any topic can be raised at these budget hearings (and I would think he will testify soon on the President&

Congress Should Push for Transparency in the Enforcement of the New U.S. Trade Deals

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War Tariffs This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned

War Tariffs

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Jamieson Greer on Not Getting Fooled by Discriminatory EU Tech Regulations At a Hudson Institute event earlier this week, U.S. Trade Rep. Jamieson Greer had the following exchange with Peter Rough of Hudson on EU digital regulations:Rough: The joint statement last August with the Europeans filling out the Turnberry agreement that the President struck with Commission President von der

Jamieson Greer on Not Getting Fooled by Discriminatory EU Tech Regulations

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USMCA Review and Extension Predictions When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.

USMCA Review and Extension Predictions

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The Future of the TRIPS Agreement Non-Violation / Situation Complaint Moratorium One of the things that didn't get done at MC14 was the adoption of a Ministerial Decision to extend the moratorium on TRIPS Agreement non-violation and situation complaints. As explained by the WTO DG, this issue will now be part of the continued work in Geneva. As a

The Future of the TRIPS Agreement Non-Violation / Situation Complaint Moratorium

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It’s the End of the World (TO) as We Know it Revealed Preferences Matter China, the EU (European Union), and the U.S. have in recent weeks all tabled in writing their views regarding the future of the WTO.[1] The end result should leave no one in doubt that coordination costs between the three dominant players in the trading sphere

It’s the End of the World (TO) as We Know it

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Entrusting FTA Panel Assistance To an "External Body" I was intrigued by a provision in the dispute settlement chapter of the recently released Australia-EU FTA text that contemplates administrative and legal support to a panel being provided by an "external body" rather than through the ad hoc arrangements that FTAs tend to use: Article 24.5

Entrusting FTA Panel Assistance To an "External Body"

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Trade Dispute Settlement Update for March 2026 In this post, we provide some highlights of what has been happening in WTO/FTA/Unilateral dispute settlement in the last month.

Trade Dispute Settlement Update for March 2026

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Guest Post: Carbon Borders Without Differentiation: Why India's Challenge Tests the European Union’s Climate Diplomacy This is a guest post from Bhavya Johari, a Lecturer at Jindal Global Law School, O.P. Jindal Global University As the European Union's Carbon Border Adjustment Mechanism (CBAM) enters its definitive phase, India confronts a fundamental challenge to differentiated responsibility under the Paris Agreement. With default values

Guest Post: Carbon Borders Without Differentiation: Why India's Challenge Tests the European Union’s Climate Diplomacy

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European Parliament Cites GATT Article XXI as Justification for Trade Deal with U.S. Last year, I raised the issue of how the security concerns of certain governments were a crucial factor in their trade negotiations with the U.S., with the Ukraine war and the U.S.-EU trade negotiations as my focus. I subsequently asked, "to what extent did the

European Parliament Cites GATT Article XXI as Justification for Trade Deal with U.S.

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Guest Post: Are We One Step Away from a Ministerial Decision to Incorporate the IFD Agreement into Annex 4? This is a guest post from Antoine Comont (University of Bordeaux, Laval Universiy). Adopted the 13th February 2024, the Investment Facilitation for Development Agreement (IFDA) was the subject of a draft decision for incorporation into Annex 4 of the WTO Agreement at the 13th Ministerial Conference (MC13) in Abu Dhabi.

Guest Post: Are We One Step Away from a Ministerial Decision to Incorporate the IFD Agreement into Annex 4?

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What Value Does the U.S. See In an E-Commerce Duty Moratorium in the Absence of Effective Enforcement through the DSU? One of the big issues the U.S. is pushing at MC14 is a permanent extension of the WTO's moratorium on customs duties on electronic transmissions. In a recent statement at a General Council meeting related to preparations for MC14, the U.S. said:Intervention on the Moratorium

What Value Does the U.S. See In an E-Commerce Duty Moratorium in the Absence of Effective Enforcement through the DSU?

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The Trump and Biden Administrations' Proposals on the WTO Security Exceptions In a communication posted on the WTO website yesterday, entitled "Further Perspectives on WTO Reform," the U.S. calls for an authoritative interpretation of the WTO security exceptions to make clear that "[i]n any dispute in which a Member invokes the essential security exception, a WTO

The Trump and Biden Administrations' Proposals on the WTO Security Exceptions

4 weeks ago 2 1 0 0

NAFTA and Mortality There's a recent economics working paper called "Trading Goods For Lives: NAFTA’s Mortality Impacts And Implications" that is getting some attention. The NY Times did a piece on it under the headline "‘A Lot of Life Years Lost’: How NAFTA Shortened

NAFTA and Mortality

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NCITD International Trade Scholarship Program This is from the National Council on International Trade Development (NCITD):The National Council on International Trade Development (NCITD) is proud to continue its longstanding scholarship program supporting students pursuing careers in international trade. Each year, NCITD awards scholarships to outstanding undergraduate and graduate students enrolled at accredited U.S.

NCITD International Trade Scholarship Program

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Comparing the Digital Trade Provisions in the New U.S. Trade Deals My series of posts comparing specific provisions across the Trump administration's Agreements on Reciprocal Trade got interrupted, but let me get back to it now, with a focus on certain digital trade provisions in the nine agreements for which we now have the full legal text.

Comparing the Digital Trade Provisions in the New U.S. Trade Deals

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My Top Three Suggestions for WTO Complaints against Chinese Non-Market Policies and Practices In an exchange today at a House Ways and Means Committee Trade Subcommittee hearing, Rep. Jodey Arrington (R-TX) and trade lawyer Kelly Ann Shaw expressed skepticism about the possibility of WTO rules being used to address various Chinese non-market policies and practices.

My Top Three Suggestions for WTO Complaints against Chinese Non-Market Policies and Practices

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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.

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

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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 an investigation on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors." It's a big group

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

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The Divide Between the U.S. and Others on Trade Dispute Settlement In a recent piece on USMCA dispute settlement, former U.S. Ambassador to the WTO Maria Pagan talks about a "divide between the United States and many others over state-to-state dispute settlement mechanisms," as follows:On the one hand, you have those who view state-to-state mechanism more like

The Divide Between the U.S. and Others on Trade Dispute Settlement

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DSC for U.S. – IRA Tax Credits (Panel) The Panel report in United States – Certain Tax Credits under the Inflation Reduction Act was circulated on 30 January 2025. The Dispute Settlement Commentary for this case is now available on the web site ...

DSC for U.S. – IRA Tax Credits (Panel)

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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.

Debunking the "Hyperglobalization" Trade Policy Myth

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Trade Dispute Settlement Update for February 2026 In this post, we provide some highlights of what has been happening in WTO/FTA/Unilateral dispute settlement in the last month.

Trade Dispute Settlement Update for February 2026

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Jamieson Greer on the Non-Violation Remedy In a speech at UVA law school earlier this week, U.S. Trade Representative Jamieson Greer offered the following description of the GATT non-violation remedy:The non-violation remedy in the GATT (Article 23:1(b)) makes this point clear. It allows member countries to seek a remedy even when

Jamieson Greer on the Non-Violation Remedy

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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

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

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What happens to all the frameworks, deals, and agreements negotiated by USTR since April 2, 2025? With the Supreme Court ruling (6-3) that the President lacks inherent peacetime authority to impose tariffs under IEEPA, the question is what happens to the trade/security deals (informal and formal agreements) negotiated in the shadow of the IEEPA tariffs? This post explains how the US has sought to separate

What happens to all the frameworks, deals, and agreements negotiated by USTR since April 2, 2025?

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Job Posting: Teaching Fellow, and Lecturer in Law, International Economic Law, Business and Policy (IELBP), Stanford Law This is from Alan Sykes at Stanford Law School:STANFORD LAW SCHOOL seeks to hire a teaching fellow for the LLM Program in International Economic Law, Business & Policy. The appointment is for a two-year position with the possibility of a third year by mutual agreement, beginning in August 2026.

Job Posting: Teaching Fellow, and Lecturer in Law, International Economic Law, Business and Policy (IELBP), Stanford Law

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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

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

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