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Are the WTO “Teeth” Working?

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.
Sungjoon Cho 03 Jun 2014 1 min read

More on the ECJ's "Right to be Forgotten" as a Trade Barrier

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
Simon Lester 03 Jun 2014 2 min read

The Relationship between China’s Protocol of Accession and the GATT 1994: China – Rare Earths and the Incorporation Theory ― Off with its Head! (Part 1)

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
Simon Lester 02 Jun 2014 8 min read

ISDS Forum

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
Simon Lester 02 Jun 2014 1 min read

What Did the AB Mean in Seal Products?

We've had some good discussions of the Seal Products AB report here on this blog over the past week or so.  There are definitely some differences of opinion as to what the AB meant in relation to the GATT non-discrimination obligations.  When will we get some clarification?
Simon Lester 02 Jun 2014 1 min read

The EU’s New GMO Compromise: Scientific v. “Non-Scientific” Grounds

Folks, this is quite interesting.  The EU member states have just struck a compromise on the GMO regulation by providing individual member states with options to exclude the GMO importation.  (This deal is subject to subsequent legislative procedures involving the Commission and the European Parliament.)  Note that this is not
Sungjoon Cho 30 May 2014 1 min read

Examining Different Aspects of a Measure under Different Provisions

I continue to be frustrated and perplexed by an approach to GATT Article III and XX that considers different aspects of a measure in different parts of the legal analysis.  In that regard, here are some excerpts from the Seal Products AB report: Article I:1 5.95. We note
Simon Lester 28 May 2014 2 min read

Should There Be a Single Non-Discrimination Obligation for Trade in Goods?

A lot of the discussion on the Seal Products case in previous posts highlights the difficulty of reconciling the various WTO non-discrimination obligations:  GATT Articles I:1 and III:4; GATT Article III:4 and TBT 2.1; the GATT Article XX chapeau and TBT 2.1; etc. This
Simon Lester 28 May 2014 1 min read

The Public Morals Exception After Seals: How to Keep It in Check?

Plenty to think about when it comes to the “necessity” test applied by the AB to the EU seals ban (and especially the exceptions thereunder) under XX(a). What struck me, in particular, is how the AB set up the public morals justification as somehow fundamentally different from other objectives
Joost Pauwelyn 27 May 2014 2 min read

Let's Put the AB's New Article III:4 Test to the Test

It can be difficult to analyze legal standards in the abstract.  To make things more concrete, I've got a hypo that we can test under the Article III:4 test that the AB set out in Seal Products. Imagine a regulation by Country X that categorizes cars as
Simon Lester 25 May 2014 1 min read

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A law of many meanings: Exchange Actions under the GATT and IMF

Earlier this week, Simon Lester posted about the EU’s concerns with the undervaluation of the Chinese currency. He situated the recent demands for trade restrictions against a longstanding debate about the function of GATT Article XV:4.
25 Jun 2026 8 min read

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

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