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The Relationship of TBT Articles 2.1 and 2.2

From the EU response to the Seal Products panel's first set of questions: Question 36 (European Union) The European Union argues in paragraph 261 of its first written submission that if the legitimacy of an objective is established, then a fortiori, the regulatory distinction at issue is also
Simon Lester 01 Aug 2013 1 min read

What is Even-Handedness in the TBT 2.1 Context?

From the EU response to the Seal Products panel's first set of questions: Question 35 (All parties) In US-COOL, the Appellate Body stated: [S]ome technical regulations that have a de facto detrimental impact on imports may not be inconsistent with Article 2.1 when such impact stems
Simon Lester 01 Aug 2013 1 min read

Individual vs. Group Comparisons under Less Favorable Treatment

From the EU response to the Seal Products panel's first set of questions: Question 23 (All parties) Based on Table 1 and specific cells comprising the table, please identify the groups of products to be compared for the purpose of the Panel's analysis of the complainants&
Simon Lester 31 Jul 2013 3 min read

The Relationship Between the GATT and TBT Non-Discrimination Obligations

From the EU response to the Seal Products panel's first set of questions: Question 7 (All parties) Please explain your views on the relationship between the TBT Agreement and the GATT 1994 in terms of the non-discrimination obligations and policy justifications addressed in both agreements. For example, can
Simon Lester 31 Jul 2013 3 min read

The Relevance of International Law in WTO Law

This is from the U.S. response to a Seal Products panel question: 4. (All third parties) Please explain the extent of the relevance of the United Nations Declaration on the Rights of Indigenous Peoples and the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries to the analysis
Simon Lester 31 Jul 2013 2 min read

Q & A in the Seal Products Dispute

The Panel's questions and parties'/third parties' responses in the Seal Products dispute are very interesting.  The U.S. has posted its responses here; the EU's responses are here and here.  (I'm not aware of other parties/third parties posting their responses,
Simon Lester 31 Jul 2013 1 min read

Argentina and Foreign Investment

Recently, Argentina's economic nationalism has caused consternation in both trade and investment circles, and there have been a number of trade and investment complaints brought in response to various Argentine government actions.  The trade cases at the WTO are just getting underway; many investment arbitration awards have already
Simon Lester 30 Jul 2013 1 min read

Clarifying WTO Rules Relating to FITs

Liesbeth Casier and Tom Moerenhout of IISD have written a short paper on the Renewable Energy/FIT case (DS412,426).  Basically, they are critical of the AB's "benefit" findings, and think the WTO Members should step in to clarify how WTO rules apply to feed-in tariff
Simon Lester 26 Jul 2013 1 min read

Pascal Lamy's Final Speech as WTO DG

I have greatly enjoyed blogging about Pascal Lamy's speeches over the years. He gets into real substance far more than most public officials.  Here are some snippets from his final speech as DG. First, some skepticism on the trend towards regionalism: We also know that behind the headlines
Simon Lester 25 Jul 2013 2 min read

Japan, the TPP, and a Time Warp

Congressman Sander Levin wants to get tough on Japan if they are going to be part of the TPP talks.  He gets into some details here (from Inside U.S. Trade): III. Current and Future Non-Tariff Barriers (Other than Currency Manipulation) Existing Barriers. Japan will agree to eliminate all existing
Simon Lester 23 Jul 2013 2 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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