The United States has recently made an emphatic argument that “non-violation” complaints should be allowed under TRIPS (IP/C/W/599).  These complaints have been under a moratorium since the creation of TRIPS.  Traditionally, non-violation complaints were tied closely to tariff concessions (trade in goods) and subsequent legitimate expectations flowing

Whether plain packaging is effective at discouraging smoking could be an important issue in the WTO plain packaging dispute.  What does the evidence show?  Not surprisingly, there is some disagreement. On the "it works" side, there's this: Australia’s landmark cigarette legislation banning logos and putting

For you law professors out there searching for a good exam question, take a look at this fact pattern from an Economist article: IN PALAU, the traditional prescription for an ailing reef is a fishing ban called a bul. Local chiefs may declare a bul to rest a busy fishing

A while back, I was thinking about the Australian plain packaging law, and it occurred to me that people were saying "plain package" and "cigarettes" together quite a lot, and the terms are now associated closely with one another.  With that in mind, wouldn't

Many of you have been involved in some capacity in the ELSA WTO Moot Court competition. It may have occurred to you that it would be fun to write up a case that would drive students completely nuts teach students a lot about WTO law.  If so, here's

ASIL Insights has just posted a preliminary assessment of the AB ruling in Seals co-authored by Jo Langille, Katie Sykes and me.bit.ly/1uiYXcx The exchanges on this blog were very helpful to us in the deliberations that led to our joint piece.  So many thanks to Simon, our

Maybe.  Here go some excerpts from a recent report by the U.S. House Appropriations Committee.      Mandatory Country of Origin Labeling (COOL).—The Committee is aware that the governments of Canada and Mexico have challenged a final rule published in the Federal Register on May 24, 2013, (78 Fed. Reg.

From a recent op-ed: This month’s bombshell decision from the European Court of Justice pronouncing a “right to be forgotten” on the Internet was couched as a principled stand for digital privacy. Looking closer, however, one could see a double standard at work: The enormously expensive effects of the

by André de Hoogh, cross-posted from the GUILD-blog Introduction Last March, a WTO panel issued its report on a dispute between the European Union, the United States and Japan on the one hand and China on the other concerning export duties imposed on certain rare earths, tungsten and molebdynum (here

For those of you who could not attend, here's the video of our ISDS policy forum at Cato: http://www.cato.org/events/investor-state-dispute-settlement-mechanism-examination-benefits-costs I think we had a pretty good back and forth, with reasonable people on all sides. My favorite part, though, was Lori Wallach of