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Simon Lester

More on State Capitalism and Trade Rules

For those who were interested in Julia's post from last week, check out this EU argument in the EC - Fasteners case (the panel report was circulated on Friday): 7.86 ... the European Union maintains that in non-market economies, the State may be found to be the source

Legalized Online Gambling in the Lame Duck?

No doubt Antigua, the complainant in the U.S. - Gambling dispute, would still like to have (legal) access to the U.S. online gambling market. Will they get it? From the AP: Senate Majority Leader Harry Reid is pushing behind the scenes for lame-duck legislation that would allow poker

Australia - Apples: Some Appellate Body Statements on "Purpose"

Any time the Appellate Body says something about "purpose" (or "intent" or "aim" or "motive"), in whatever context, it's worth noting, because it may have broader implications. This is from the Australia - Apples AB report, in the context of

Australia - Apples: The SPS Agreement Standard of Review under Article 5.6

It appears that a WTO panel can be too deferential in applying its standard of review under the SPS Agreement. This is from Monday's Australia - Apples AB report: 356. In considering further the Panel's approach to analyzing whether New Zealand's proposed alternative measures

Report on the Third Participants' Oral Statements in the WTO Airbus Dispute

As mentioned the other day, Malorie Schaus (malorie.schaus [at] graduateinstitute.ch) and Tobiasz Kaczor (tobiasz.kaczor [at] gmail.com) of the Graduate Institute in Geneva attended the public viewing in the WTO Airbus hearing. Their summary of the third participants' oral statements is here: http://www.worldtradelaw.net/

Expropriation Through Taxation?

From AFP: US-owned bottled water giant Fiji Water shut down operations in the military-ruled Pacific nation Monday, branding it "increasingly unstable" and a risky place to do business. Fiji Water president John Cochran condemned the government's decision last week to hike taxes on the mineral water

Report on the EU and U.S. Oral Statements in the WTO Airbus Dispute

For those who couldn't make it to Geneva and view the Appellate Body oral hearing in the WTO Airbus dispute, you are in luck. Malorie Schaus (malorie.schaus [at] graduateinstitute.ch) and Tobiasz Kaczor (tobiasz.kaczor [at] gmail.com) of the Graduate Institute in Geneva attended the public

More on Thai Liquor Labeling

As mentioned here, a number of WTO Members recently raised concerns in the TBT Committee regarding Thai liquor labeling measures: Alcohol companies world-wide are lining up to fight a Thai plan to require graphic warning labels about alcohol on the country's domestic and imported beer, wine and liquor

Non-Discrimination Standards: More on Discriminatory Effect and Individual Products

This is from the EU first written submission in the Philippines - Distilled Spirits case (DS396 for the EC case, DS403 for the parallel U.S. complaint): 105. In the light of the above, it is useful to recall once again that the vast majority of imported products are subject

Pascal Lamy on Macroeconomic Imbalances

From a recent speech: The stimulus worked: Coordinated fiscal and monetary stimulus has worked to bring back the global economy from the edge of a depression. But unemployment is still a problem, and this is at the heart of the "imbalances" issue: What lies behind concerns about macro-economic