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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
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
Simon Lester 24 May 2015 2 min read

Plain Packaging Litigation is Everywhere

Now it's in the UK and EU: Two of the world's biggest tobacco companies have challenged the legality of the UK government's plain packaging regulations. British American Tobacco and Philip Morris filed legal objections at the High Court in London on Friday. They claim
Simon Lester 24 May 2015 2 min read

Long Liberalization Periods

This is from "The Puzzle of Agricultural Exceptionalism in International Trade Policy", by Michael Trebilcock and Kristen Pue: ... Hence, in explaining the resilience of the agricultural sector to efforts to liberalize trade in agricultural products we are left with a rather untidy amalgam of some elements of normative
Simon Lester 24 May 2015 1 min read

Norway's Draft Model BIT

Norway has just published a new draft model BIT. It offers some explanations here.  Here are some of my thoughts on a few of the provisions. First up, national treatment: ARTICLE [3] NATIONAL TREATMENT 1. Each Party shall accord to investors of the other Party and to their investments, treatment
Simon Lester 20 May 2015 3 min read

Madrid Arbitration Day on WTO/ISDS

If you are in or near Madrid, there is an interesting seminar on the WTO and investment arbitration, this Friday, May 22.  Details here and here: Policy development challenges with WTO dispute settlement and international arbitration: why is the interface between trade and investment relevant from a political, economic and
Simon Lester 20 May 2015 1 min read

The COOL Article 21.5 AB Report

It is here.  No big changes from the panel report: still a violation of TBT Article 2.1, and still no violation of TBT Article 2.2.  Next up on the agenda, most likely, is an arbitration over the proper amount of retaliation. I'm trying to sort out
Simon Lester 18 May 2015 2 min read

Debating ISDS

I've organized an ISDS debate over at Cato Unbound.  We have Jason Yackee and me as critics, and John Veroneau and Ingrid Persson as supporters.  We each write essays, and then respond to each other's points.  So far we have essays up there from me and
Simon Lester 14 May 2015 1 min read

An ISDS Lawsuit on Marijuana Taxation/Regulation?

This is from Vox: ... Due to a section of the tax code known as 280E, many state-legal marijuana businesses have to pay taxes on basic expenses like rent, employee salaries, and utility bills — unlike other legal businesses, which are allowed to deduct these types of expenses.For some businesses,
Simon Lester 14 May 2015 1 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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