Steel Antidumping Tariffs: The Issue of Surrogate Countries

Sung “Chris” Lee
Vol. 37 Associate Editor
Vol. 38 Online Content Editor

Low steel prices have been driven by Chinese steel glut: China is dumping steel globally to get rid of the massive excess supply. As China shifts away from growth driven by the manufacturing industry, it is flooding the worldwide steel market with its excess capacity. China plans to cut some of the excess capacity by 100 to 150 million tons as part of an effort to restructure its economy, but it did not specify the deadline.[1]  Continue reading

The Fate of Plain Packaging: Balancing Free Trade and Health Regulation in the International Forum

Alicia McCaffrey
Vol. 37 Associate Editor
Vol. 38 Note Editor

Many law students are familiar with the Argentina bonds arbitrations because of their popularity in Transnational Law classes. These Argentina bonds arbitrations are one example of a genre of cases debating the legality of strict government regulations. These scenarios generally involve a government wanting to place fairly extreme regulations on a multinational corporation in order to reach some sort of public policy goal, and a multinational corporation that argues the regulations are so extreme as to be practically expropriating its business or violating the “fair and equitable treatment” provisions in the countries’ bilateral investment treaty (BIT). A new set of these kinds of cases has emerged recently as multinational corporations, together with the countries in which they are headquartered, challenge the Australian government’s “plain packaging” requirements for cigarettes. Continue reading

Do International Trade and Human Rights Law Allow “Fat Taxes”?

Alicia McCaffrey, Vol. 37 Associate Editor

Many in the U.S. remember the controversy that ensued when Mayor Michael Bloomberg attempted to enact a ban on the sale of large containers of soda in New York City.[1] While the national response was rather negative (and in fact a New York state judge later overruled the regulation[2]), the proposed ban would not have been unusual in the international context. Several countries, most of which are European, have enacted similar regulations with varying degrees of success.[3] This article examines whether these kinds of “Fat Taxes” are in accordance with international law. Continue reading