Joost Pauwelyn

I enjoyed reading the discussions so far related to the latest AB report on Tuna.  Streamlining Tuna with Cloves, in both cases we now have: (1) a finding of discrimination (cloves v. menthols in Cloves; stricter labeling requirements in the ETP v. outside the ETP in Tuna) and (2) a

Like the Cloves Panel report, the Cloves AB report has crucial lessons for national treatment more broadly.  Two stand out. 1. “Likeness” in all its variations is now about competition, not content or purpose: But who decides? Already in Philippines – Spirits, the AB recently confirmed that also “likeness” under GATT

The Cloves panel analysis of TBT Art. 2 is fascinating. Given the structure of TBT Art. 2.1-2.2, and the absence of an explicit GATT Art. XX exception in TBT, I have long wondered how to read TBT 2.1 (national treatment) with TBT 2.2 (necessity) (see my

The Graduate Institute/CTEI, in cooperation with the WTO, is organizing a high level conference on Global Challenges at the Intersection of Trade, Energy and the Environment WTO Headquarters, Geneva, Oct. 22-23. One of the main goals is to hear from people in the private energy industry on how the