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Seals vs. Tuna and Non-Discrimination

In the U.S. first written submission in the Article 21.5 WTO panel proceeding in U.S. - Tuna II, the U.S. distinguishes Tuna from Seals in regard to non-discrimination.  Here's the GATT MFN section: 287. The facts here are in contrast to the ones in
Simon Lester 25 Jul 2014 2 min read

Struggles at the WTO

In the negotiations: India blocked an agreement on new global customs rules on Thursday, angering fellow members of the World Trade Organization who say Delhi's veto could be costly, economically and politically. At a meeting in Geneva, diplomats from the 160 WTO member countries were supposed to rubber
Simon Lester 25 Jul 2014 1 min read

Larry Summers on TPP

From an interview in the New Republic: DV: Another thing you talked about in the FT op-ed was the Trans Pacific Partnership, the trade deal. One component of the deal is to bring down tariffs between all countries involved, but tariffs are already very low between these countries, particularly
Simon Lester 23 Jul 2014 3 min read

Religious Freedom and the TTIP

From a draft letter ($) being circulated by a U.S. Congressman: Dear Secretary Kerry and Ambassador Froman, We are writing to express our serious concern regarding the growing assault on religious freedom in the European Union and many of its member states. Eight out of twenty-eight EU member states
Simon Lester 23 Jul 2014 1 min read

Menthol Cigarette Discrimination in the EU

Poland is going to to challenge the EU ban on menthol cigarettes under EU law: Poland will appeal to Europe's top court over a European Union ban on flavoured tobacco products, saying it will be unfairly affected as one of the region's biggest consumers and producers
Simon Lester 23 Jul 2014 1 min read

State Owned Enterprises at Home and Abroad

One aspect of the TPP negotiations that I have not followed closely is rules for state owned enterprises.  I'll take a look at it all eventually, but I've been waiting for more leaks and commentary, to explain the different views. In the meantime, though, I wonder
Simon Lester 21 Jul 2014 1 min read

Too Close Yet Too Far…

Well, I am not talking about two lovers, but the currently pending negotiation on the “Transatlantic Trade and Investment Partnership (TTIP).”  The United States and the European Union, representing the world’s most advanced (and perhaps most open) economies, still cannot get a trade deal done between themselves.  As we
Sungjoon Cho 18 Jul 2014 1 min read

The Scope of the Prudential Exception

We talked about the "prudential exception" here, here, and here.  I have a short law journal article coming out on this soon, where I basically argue that the exception is badly worded, nevertheless probably works as an exception, but could and should be redrafted in future trade agreements
Simon Lester 18 Jul 2014 4 min read

Investor-State Arbitration Tribunal v. Domestic Court

This is related to Simon’s earlier post. Matthew Dalton from Wall Street Journal raised an interesting hypothesis regarding the controversial investor-state dispute settlement mechanism under the Transatlantic Trade and Investment Partnership (TTIP).  What if decisions of an investment tribunal and a domestic court on the same subject-matter
Sungjoon Cho 16 Jul 2014 1 min read

Is There a Middle Ground on ISDS?

From the European Commission: EU trade officials will today start analysing responses to a public consultation on investment protection and ISDS in TTIP, a new EU-US trade deal currently being negotiated. The survey closed yesterday, almost four months after its launch in March. European citizens and interest groups replied
Simon Lester 16 Jul 2014 1 min read

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