Simon Lester

Here's the conclusion of the paper by Arwel Davies that I mentioned a while back: The advice for Treaty drafters is that there is some scope for clarifying the TNLF [treatment no less favourable] standard, to the extent that phrases such as ‘no less favourable than the most

This is from a paper about WTO dispute settlement published on the ICTSD website as part of the E15 process: there is evidence that the existing ... perception that claims under Article 2.2 of the Agreement on Technical Barriers to Trade (TBT Agreement) are extremely difficult to win is having

This is from Pierre Sauvé and Marta Soprana: The ASCM, like the Uruguay Round of which it formed a part, was quite clearly the byproduct of a peculiar, “end of history” moment. It is doubtful that such disciplines could easily be replicated today given the vastly more questioning attitudes that

This is from the Tuna 21.5 WTO panel report: 7.448. Before concluding, the Panel must deal with the United States' argument that with regard to the access to the dolphin-safe label, no tuna product of a Member has a right to the label. The United States contends

This is from the Tuna 21.5 WTO panel report: 7.466. Before concluding, we note that in its second written submission, Mexico argues that what it considers to be the United States' unilateral action in designing and applying the dolphin-safe labelling conditions and requirements of the amended tuna

From the University of Oslo: The 11th Annual Conference of the European Society of International Law (Oslo, September 10-12, 2015) will be hosted by the University of Oslo’s PluriCourts Center on the Legitimate Roles on the Judiciary in the Global Order. The conference is entitled “The Judicialization of International

I was struck by this paragraph of the WTO panel report in the Article 21.5 tuna case: 7.197. ... Mexico appears to accept that, as the Appellate Body found, the system currently in place in the ETP fully addresses the risks posed to dolphins by setting on dolphins in

I'm a little confused by this aspect of the China - Australia FTA, still under negotiation: AUSTRALIA'S biggest-ever bilateral trade deal is set to grow much bigger, with China agreeing to a special ratchet clause that will ensure that future benefits conferred to other countries will

The panel report is out. Here are the key findings: 8.2. With respect to Mexico's claims under Article 2.1 of the TBT Agreement, the Panel concludes that: a. the eligibility criteria in the amended tuna measure do not accord less favourable treatment to Mexican tuna and

This is from a new paper by Markus Wagner on regulatory space in trade and investment law: The situation with respect to the TBT Agreement has recently been clarified to a certain extent through a number of WTO decisions.  These disputes arose in quick succession after a relative dearth of