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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

The Other WTO Non-Discrimination Dispute: Philippines - Spirits

It's easy to get distracted with all of the interesting aspects of Clove Cigarettes and Tuna, but let's not forget that there is another non-discrimination case going on: Philippines - Distilled Spirits. This case deals with GATT Article III:2. Here is the Philippines' notice

From Tuna to Seals

This paragraph from the Tuna panel report seems like it could have some relevance for the Seal Products dispute: 7.442 As established above, the US dolphin-safe provisions aim at protecting dolphins. That this particular piece of legislation does not afford protection to other animals or marine species should

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