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Alternatives to Plain Packaging: Public Shaming?

Under the TBT Agreement Article 2.2 claim in the WTO plain packaging dispute, one issue will be whether there are alternative anti-smoking measures that could achieve the same purpose. As the Appellate Body put it in the recent COOL Article 21.5 report: 5.199. A complainant may seek
Simon Lester 04 Jun 2015 1 min read

The Ukraine Plain Packaging WTO Dispute Has Been Suspended

This is from the Chair of the DS434 Plain Packaging WTO panel: On 28 May 2015, the Panel received a request from Ukraine to suspend the proceedings in Australia – Certain Measures concerning Trademarks and other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS434) pursuant to Article 12.
Simon Lester 03 Jun 2015 1 min read

Guest Post on the US - COOL AB 21.5 Report

This is a guest post from Geneva-based trade lawyer Adarsh Ramanujan“Risks non-fulfilment would create” I wanted to follow-up from Simon’s post last week on the Article 2.2, TBT jurisprudence arising from the Article 21.5 AB Report in US – COOL.  I believe there are some important clarifications
Simon Lester 03 Jun 2015 5 min read

QRs Notified with a GATT Article XXI Defense

The WTO Secretariat has issued an interesting report on notified quantitative restrictions: 1.1. This report has been prepared at request of the Chairperson of the Committee on Market Access with a view to providing Members with factual information on the notifications of quantitative restrictions (QRs), which have been received
Simon Lester 03 Jun 2015 1 min read

Can the TPP Fix the NAFTA Chapter 20 Dispute Process?

From a recent paper by Hugo Perezcano: Even though the United States committed to — and indeed required — eliminating tariffs and other barriers so that there would be free trade in all goods, it has also failed to live up to its obligations as regards trade in sugar. This breach of
Simon Lester 02 Jun 2015 3 min read

Modelling the Benefits of Trade Agreements

I'm as skeptical about estimates of gains/losses from trade agreements as I am about trade polling.  How many jobs will be added/lost?  How much will GDP rise/fall?  I'm not sure there are any good answers out there, although I think economists should keep
Simon Lester 02 Jun 2015 3 min read

Trade Polling

Generally speaking, I don't think much of the polling done on trade issues.  The questions are too vaguely worded to tell us much.  So, I'm never sure what to make of news reports like this one: Most Americans say they support new trade deals, according to
Simon Lester 31 May 2015 2 min read

More Plain Packaging

This time from Norway: Norway’s Ministry of Health and Care Services has proposed the imposition of a requirement for all tobacco products to be sold in standardized packaging, according to a World Trade Organization notification. It has not been decided when the measure should be adopted or when it
Simon Lester 31 May 2015 5 min read

Financial University Organizes Conference on Russia and the WTO

On 19-20 May 2015, the Financial University of the Russian Federation held its first international conference on the topic of "WTO Law in the Legal System of the Russian Federation: Problems of Application and Teaching."  To my knowledge, this was the first international legal conference held to address
Charnovitz 25 May 2015 2 min read

TPA is Half Done

The Senate half is done.  From Reuters: President Barack Obama scored a major victory on Friday when the U.S. Senate voted to give him "fast-track" powers that would help wrap up negotiations on a 12-nation Pacific Rim trade deal central to projecting American influence in Asia. But
Simon Lester 24 May 2015 2 min read

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International Economic Law and Policy Blog

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Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

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