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Position Open for Professor of European and International Economic Law at University of Bern

For you academics out there: University of Bern, Department of Economic Law Professorship in European and International Economic Law (100%, open rank) The Department of Economic Law at the University of Bern is seeking to fill the position of a professor of European and International Economic Law as of the
Simon Lester 18 Jun 2014 1 min read

The EU Complaint about Indonesian Clove Cigarettes

"Wait, what?", you might be saying. "I thought Indonesia was complaining about the U.S. clove cigarettes measure.  Why is the EU complaining against Indonesia now?" The full consultations request is not public yet, but here is the WTO news release: The EU considers that Indonesia
Simon Lester 13 Jun 2014 1 min read

More Investment Exceptions in FTAs

Recall that the Australia - Korea FTA had a general exception to the investment obligations.  Now here's the one in the just released Canada - Korea FTA: 3. For the purposes of Chapter Eight (Investment), subject to the requirement that those measures are not applied in a manner that would
Simon Lester 13 Jun 2014 1 min read

Non-Violation Complaints under TRIPS: Opening the Pandora’s Box?

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
Sungjoon Cho 12 Jun 2014 1 min read

Does Plain Packaging Work?

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
Simon Lester 12 Jun 2014 2 min read

GATT Consistency of a Commercial Fishing Ban

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
Simon Lester 10 Jun 2014 2 min read

Fun With Plain Packaging

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
Simon Lester 06 Jun 2014 1 min read

The Next WTO Moot Court Case

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
Simon Lester 06 Jun 2014 2 min read

WTO Seals: migrating from this blog to ASIL Inisghts

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,
Rob Howse 04 Jun 2014 2 min read

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

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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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