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GATT Article III:4: Is Disparate Impact Enough?

Here is the entirety of the WTO Seal Products panel's GATT Article III:4 analysis: 7.4.3.2 Analysis by the Panel 7.604. Article III:4 of the GATT 1994 provides that: The products of the territory of any Member imported into the territory of any
Simon Lester 25 Nov 2013 2 min read

The Seal Panel Report: TBT Article 2.1 v. Article 2.2

The panel report on the seal case is out. http://www.wto.org/english/news_e/news13_e/400_401r_e.htm  Obviously, there is a lot to digest there. Let me raise just one issue. The panel ruled that the EC Seal Regime was justifiable (necessary) under TBT Article
Sungjoon Cho 25 Nov 2013 1 min read

How to Bury the Peace Clause-and Resurrect Bali

I am inclined to the view that failure at Bali may be just what is needed to get the WTO to make a fresh start, creating an agenda that corresponds to the needs of this century not the last.  At the same time, I've been impressed by the
Rob Howse 23 Nov 2013 3 min read

The Peace Clause a Trojan Horse

Among the reaons, and there are many, why India is among the world's great democracies, is the quality and political responsibility of its journalists. An article just published in an Indian newspaper explores brilliantly how the peace clause to which India seems to have acquiesced-but already apparently with
Rob Howse 21 Nov 2013 1 min read

Law and Politics at the WTO:India turns the tables on food security opponents

The saga of the G33 food security proposal in the WTO negotiations is a fascinating tale of law and politics. India has been a leader of this proposal, which would be a good start in bringing WTO norms more fully into alignment with the right to food in international law.
Rob Howse 21 Nov 2013 2 min read

Fire-Resistant Furniture and the TBT Agreement

The Peter Van den Bossche/Werner Zdouc WTO law textbook says this: A requirement that imported furniture is fire-resistant, while no such requirement exists for domestically produced furniture, would constitute a violation of the national treatment obligation set out in Article 2.1 of the TBT Agreement. That's
Simon Lester 18 Nov 2013 1 min read

The Tea Party and Trade

Some recent news headlines about the tea party and trade: "Hill tea party’s next target: Barack Obama’s trade agenda" "Tea Party Joins Liberals in Push Against Fast-Tracked Trade" An excerpt: Tea party Republicans insist they’re in favor of free trade. They just don’
Simon Lester 18 Nov 2013 2 min read

The Secret TPP IP Chapter Is No Longer Secret

Thanks to WikiLeaks:  http://wikileaks.org/tpp/  (Also thanks to whoever gave it to WikiLeaks.) So what's in it?  Way too much to discuss quickly, especially since I just returned last night from a conference over in Prague.  But any of you IP experts out there should feel
Simon Lester 14 Nov 2013 1 min read

THE ABSENCE OF SUSPENSIVE MEASURES IN THE WTO AND WHY THE FAROE ISLANDS TAKES ITS CASE ALSO TO UNCLOS

Intrigued by the Faroe Islands simultaneous WTO and UNCLOS complaints, I think I finally understand that the Faroe Islands hopes to benefits from a feature of UNCOS that is completely absent in the WTO dispute settlement process. The fact is that the International Tribunal for the Law of the SEA
Marc Benitah 11 Nov 2013 1 min read

The Faroe Islands Herring Dispute

Marc mentioned it on this blog the other day.  The consultations request is here.  Some key parts: - The Facts 6. The Atlanto Scandian herring is shared between the respective exclusive zones of five coastal States, namely the Faroe Islands, Iceland, Norway, the Russian Federation, and, to some extent, the
Simon Lester 07 Nov 2013 3 min read

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Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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