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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
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'
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
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 European
Simon Lester 07 Nov 2013 3 min read

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Featured

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

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

My Questions for Chad on China in the World Trading System

At the Peterson Institute event launching the "How To Win a Trade War" book, Chad said some things about trade relations with China that I found interesting.
26 May 2026 4 min read

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