International Economic Law and Policy Blog
  • Home
  • About
  • WorldTradeLaw.net
Sign in Subscribe

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

WTO Seals:What is it really that makes the AB think that TBT doesn't apply?

To say the least, there is some puzzlement among WTO lawyers as to exactly why the AB found that the TBT Agreement did not apply to the EU ban on products from commercial seal hunts.   The AB refered to the fact that the EU ban was based on characteristics of
Rob Howse 25 May 2014 2 min read

Sign up for email notifications

jamie@example.com
Subscribe

Featured

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

Topics

2008 Presidential Election

25 posts

2012 Republican Primary

6 posts

2020 Democratic Primary

22 posts

2020 Presidential Campaign

6 posts

2024 Presidential Campaign

9 posts

2024 Republican Primary

9 posts

Announcements

28 posts

Appellate Body

72 posts

CAFTA

5 posts

CETA

8 posts

Currency Disputes

60 posts

Development

23 posts

Digital Trade

60 posts

Domestic Trade Powers

10 posts

Dormant Commerce Clause

3 posts

DSU 25 Interim Appeals

43 posts

DSU Article 11

13 posts

Economic Integration

8 posts

Economic Statecraft

12 posts

EU-China Trade Relations

3 posts

EU-UK Trade Negotiation

5 posts

Exceptions

19 posts

Exchange Rates

7 posts

Export Restrictions

13 posts

Food Aid

5 posts

Foreign Investment

21 posts

FTA Negotiations

14 posts

FTAs - General

22 posts

Gambling Dispute

52 posts

Global Governance

9 posts

Globalization

13 posts

Government Procurement

5 posts

Green Steel Deal

14 posts

IEEPA

9 posts

IEL in Domestic Courts

20 posts

Indo-Pacific Economic Framework

5 posts

Industrial Policy

20 posts

Investor-State Arbitration

93 posts

Jamieson Greer

19 posts

Katherine Tai

66 posts

NAFTA

19 posts

NAFTA Chapter 11

15 posts

NAFTA Chapter 19

5 posts

National Security

38 posts

Non Appeal Pact

3 posts

Non-Discrimination Standards

62 posts

Non-Market Economies

7 posts

Non-Violation Nullification or Impairment

19 posts

Precedent

25 posts

Public Views of Trade

9 posts

Robert Lighthizer

19 posts

Russia Trade Sanctions

17 posts

Sanctions

15 posts

Section 301

17 posts

Sovereignty

10 posts

SPS/TBT

5 posts

Standards of Review

7 posts

State Enterprises

9 posts

Sub-National Trade Issues

5 posts

Subsidies

83 posts

Tariffs

4 posts

Terms of Trade Manipulation

7 posts

Trade Agreements

23 posts

Trade and Competition

14 posts

Trade and Development

21 posts

Trade and Environment

119 posts

Trade and Health

20 posts

Trade and Human Rights

9 posts

Trade and Income Inequality

1 post

Trade and Intellectual Property

26 posts

Trade and Labor

28 posts

Trade and Peace

4 posts

Trade and Security

35 posts

Trade and the Stock Market

2 posts

Trade Balance

13 posts

Trade in Everything

65 posts

Trade in Services

21 posts

Trade Law and International Law

10 posts

Trade Preferences/GSP

23 posts

Trade Remedies

64 posts

Trans Pacific Partnership

9 posts

Trump Administration

59 posts

U.S. Trade Policy

32 posts

U.S. Trade Politics

60 posts

US-China Trade Relations

29 posts

USMCA

20 posts

USMCA Dispute Settlement

34 posts

USMCA Sunset/Review Clause

25 posts

USTR

16 posts

WTO - General

25 posts

WTO Accessions

8 posts

WTO Disputes

178 posts

WTO DS Reform

13 posts

WTO Jurisprudence

28 posts

WTO Negotiations

31 posts

Zeroing

29 posts
Powered by Ghost