International Economic Law and Policy Blog

Sign in Subscribe

Simon Lester

The Tuna Panel's TBT 2.2 "More Trade Restrictive Than Necessary" Finding

Here's the U.S. - Tuna panel's ultimate finding under TBT Agreement Article 2.2: 7.620 In light of our determinations above in relation to both objectives of the US dolphin-safe provisions, we find that these measures are more trade-restrictive than necessary to fulfil their

"Likeness" in the Tuna-Dolphin Panel Report

We're not even done talking about U.S. - Clove Cigarettes, but now we have a new TBT panel report: U.S. - Tuna II (Mexico) (the new tuna-dolphin case). I'm overloading on TBT Agreement issues! Here's an excerpt from the panel's

The "Likeness" of Cloves, Menthols and Candy Flavored Cigarettes

Here's more from Todd Tucker on the Clove Cigarettes ruling: While menthol and clove are both "flavored cigarettes," so are cola- and candy-flavored cigarettes. The U.S. argued, plausibly in my mind and to paraphrase Big Bird, that "one of these things is not like

Todd Tucker on the Clove Cigarettes Ruling

Not too surprisingly, Todd Tucker of Global Trade Watch is unhappy with the recent WTO panel ruling in the Clove Cigarettes case, where the panel found that a U.S. law which bans clove cigarettes while allowing menthol cigarettes violates the National Treatment obligation of the TBT Agreement. In a

Trade Talk in the GOP Debate: Huntsman's Response To Romney

From last night's GOP debate, here's a little trade talk that picks up on Mitt Romney's trade fight with China mentioned in the last post: Governor Huntsman, as you know, Governor Romney’s new economic plan calls for the U.S. government to officially

Mitt Romney's "Reagan Economic Zone"

From a Mitt Romney op-ed in USA Today: Where President Obama left America's trade interests untended, I recognize the job-creating potential of international commerce. I will create the "Reagan Economic Zone," a partnership among countries committed to free enterprise and free trade. It will serve as

The Other Appellate Body Position

Thanks to a commenter for reminding me that there is another Appellate Body position up for grabs: India and Pakistan are going to battle it hard for a vacancy for judge at the WTO's highest court for trade disputes- the Appellate Body-- after New Delhi nominated former trade

The China - Raw Materials Notice of Appeal

... is here: http://www.worldtradelaw.net/na/ds398-10(na).pdf Here's one aspect I'll be watching closely: III. APPEAL OF THE PANEL'S FINDING THAT CHINA DOES NOT HAVE THE RIGHT TO INVOKE ARTICLE XX OF THE GATT 1994 IN DEFENSE OF A CLAIM UNDER

Chinese Land Purchases: Not Just in Africa Anymore

From the FT: A Chinese tycoon plans to buy a vast tract of Icelandic land for a $100m tourism project which critics fear could give Beijing a strategic foothold in the North Atlantic. Huang Nubo, a real estate investor and former Chinese government official, has struck a provisional deal to

The U.S. - Clove Cigarettes Panel Report

The Clove Cigarettes WTO panel report was circulated today. The report is here: http://www.worldtradelaw.net/reports/wtopanels/us-clovecigarettes(panel).pdf Here's a quick summary: Panel found a violation of TBT 2.1, but no violation of TBT 2.2; it made no findings on GATT III: