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Dealing with Frivolous Investor State Claims

Here's more from that Commission document mentioned in the last post: In order to discourage 'long shot' and frivolous claims by investors, the EU has agreed provisions to enable tribunals to dismiss such claims quickly and also to require that all litigation costs are borne by
Simon Lester 27 Nov 2013 1 min read

Can the European Commission Save Investor State from its Critics?

From a document just released by the European Commission, entitled "A new start for investment and investment protection": 4. What is the EU doing to improve investment protection rules? The Commission’s aim is to bring improvements on two fronts (1) to clarify and improve investment protection rules
Simon Lester 27 Nov 2013 2 min read

Scapegoating India for the Impasse in WTO Talks (and Denying the Real Causes)

A story from Reuters http://reut.rs/1a0As7m has been circulating in the last hours that the blame for the collapse of the WTO talks is almost entirely India's. The theory is that the "electioneering" of the Indian government has led it to reject the peace
Rob Howse 27 Nov 2013 3 min read

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

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in 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."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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