International Economic Law and Policy

1. Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

   Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.

2. The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

   Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began

3. 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.

4. 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.

5. 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&