International Economic Law and Policy

1. The Second MPIA Appeal

   The second appeal of a WTO panel report to the MPIA is underway in the China - IPRs Enforcement (EU) dispute (DS611). It will be interesting to see what approach the arbitrators take in terms of their scrutiny of the...

2. More on Charming Betsy

   In my last post, I raised the possibility that Charming Betsy could play a role in the challenges to the Trump administration's IEEPA tariffs. (There have been three new complaints filed since that post: State of Oregon v. Trump, Learning...

3. The IEEPA Lawsuits and Charming Betsy

   By my count, so far there have been five lawsuits filed in U.S. court related to either the IEEPA fentanyl tariffs or the IEEPA "reciprocal"/universal tariffs: - Barnes v. U.S., CIT (complaint) (fentanyl tariffs) - Emily Ley Paper v. Trump,...

4. 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...

5. 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...