International Economic Law and Policy Blog

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Simon Lester

Simon Lester

Co-founder of WorldTradeLaw.net and China Trade Monitor. Non-resident fellow at the Baker Institute.

http://simonlester.com

Brazil's Exchange Rate Proposal

From Brazil's recent submission (Word doc) to the WTO on "THE RELATIONSHIP BETWEEN EXCHANGE RATES AND INTERNATIONALTRADE" The bearing of wide currency fluctuations on the delicate balance of commitments and concessions resulting from negotiations at the WTO must be better understood and be properly dealt with.

Technical Regulations vs. Standards in the Tuna Panel Report

One interesting part of the recent Tuna-Dolphin panel report is the different views of the panelists on whether the U.S. dolphin-safe labelling measure is a "technical regulation" under the TBT Agreement. The panel majority found that the the measure is a "technical regulation"

The Boundaries of Using WTO Dispute Settlement

This is from some Congressional testimony by economist Phil Levy: In the absence of new agreements, there is a temptation to seek satisfaction through the aggressive use of venues such as the WTO dispute settlement mechanism -- litigation in lieu of negotiation. This poses a serious long-term threat to the

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

"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 findings

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

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

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