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The California Egg Law: What is the Measure?

I'm intrigued by the measure at issue in the California Dormant Commerce Clause case I mentioned the other day. If I understand it correctly, based on the complaint, here's how thing went.  First, the California voters passed a referendum requiring that egg producers in California use
Simon Lester 17 Mar 2014 1 min read

Geographical Indications: When Is There a Trade Barrier?

From a letter written by a group of U.S. Senators: Dear Secretary Vilsack and U.S. Trade Representative Froman: We commend your past work to fight the growing geographical indication (GI) restrictions promoted by the European Union (EU). This trade barrier is of great concern to dairy and other
Simon Lester 13 Mar 2014 1 min read

PPMs in U.S. Courts

From the Washington Post: Americans rely on cheap chicken and eggs, the products of super-sizing livestock operations while squeezing costs. Farmers pack animals into tiny, crowded and dank pens, leaving hens with scarce room to extend their wings, let alone move around. There is a balance to be struck
Simon Lester 12 Mar 2014 1 min read

Seal Products and the Scope of GATT Article III:4

This is from the U.S. third party submission in EC - Seal Products: 7. ... Article 2.1 of the TBT Agreement requires a two-step analysis: (1) whether the challenged technical regulation creates a detrimental impact on imports of like products; and (2) whether the detrimental impact stems exclusively from
Simon Lester 10 Mar 2014 1 min read

GATT Article XXI and the Ukraine Conflict

This is from Jeff Schott of the Peterson Institute: Consideration should be given to invoking GATT Article XXI, which provides exceptions for national security reasons from rights and obligations under the World Trade Organization (WTO), for example. Invoking this WTO exception would allow across-the-board actions against Russia without
Simon Lester 10 Mar 2014 1 min read

Trade in Everything: Soap Operas and Porn

From the Washington Post: There is no shortage of problems facing China these days: a terrorist attack that recently left 33 people dead and 143 injured, corruption in government, a worrisome slowdown in economic growth. So when the country’s two highest governing bodies met in Beijing this week, what
Simon Lester 10 Mar 2014 1 min read

Swiss Neutrality in WTO Disputes

While I was hanging out at the ELSA WTO Moot Court All-American regional round at AU law school yesterday, a DC trade lawyer said something interesting: Switzerland almost never participates in WTO disputes, even as a third party.  That sounded familiar, but I thought I'd look up
Simon Lester 07 Mar 2014 1 min read

An Investment Framework Agreement

Gary Hufbauer and Sherry Stephenson propose the following mutilateral investment agreement: ... Following its achievements at the 9th Ministerial Conference in Bali, Indonesia, the World Trade Organization (WTO) should launch negotiations to draft a 21st century Investment Framework Agreement (IFA). ... The IFA should start life as a plurilateral agreement. While the
Simon Lester 07 Mar 2014 2 min read

BP's Treatment in U.S. Court

From the Washington Post: After a blowout at its Macondo exploration well killed 11 workers, set fire to the Deepwater Horizon oil rig and triggered a massive oil spill in the Gulf of Mexico, a contrite BP vowed to “make things right” and set aside $42.5 billion to do
Simon Lester 04 Mar 2014 1 min read

Plain Packaging AND China

In recent years, two of the hottest trade issues have been plain packaging of cigarettes, and trade with China. What if we could combine the two? This is from the Economist: Planners have consolidated the once-fragmented [Chinese tobacco] industry. In the decade to 2010, 185 cigarette firms and 1,
Simon Lester 04 Mar 2014 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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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