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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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Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

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