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Implementing the Clove Cigarettes Case

From the U.S. statement at today's DSB meeting: • To come into compliance with the DSB’s recommendations and rulings, the United States has taken and is taking a number of actions in relation to menthol cigarettes. Today, the United States is announcing several actions by U.S.
Simon Lester 23 Jul 2013 2 min read

Direct Car Sales and GATT Article III:4

Some of you may have heard of Tesla, a car company that makes high-end electric cars (if you are thinking of this 1980s band, you have the wrong Tesla).  What you may not have heard is that they are using a novel sales method, under which they bypass dealers and
Simon Lester 19 Jul 2013 1 min read

A “WTO Remedies Implementation Committee” in the Gambling Dispute

This is from a press release I just received from the Antigua Gambling case team: The Government of Antigua and Barbuda today announced the formation of a select committee charged with overseeing the implementation process as the nation seeks to suspend certain concessions and other obligations relating to United States
Simon Lester 17 Jul 2013 2 min read

Will TTIP Raise or Lower Regulatory Standards?

Some people worry that the TTIP will cause governments to engage in more regulation. Here is Fred Smith of the Competitive Enterprise Institute: the EU’s economic and political weight is comparable to that of the United States, and in many areas, existing EU regulations are more burdensome than America’
Simon Lester 16 Jul 2013 1 min read

Reading the Tea Leaves on Investor-State in the TTIP

During the closing press conference at the TTIP last week, someone asked the lead negotiators a question along the lines of, "Will there be investor-state in the TTIP, and how will you address concerns with subversion of democracy?"  You can see their answer at 29:08 of this
Simon Lester 16 Jul 2013 1 min read

The Number of WTO Disputes: Regression to the Mean

Last year about this time, I was talking about how many more WTO disputes there were than normal. We ended up with the most WTO disputes in a long time: 27. With the latest WTO complaint (the EU's complaint against Russia's car recycling fee), I thought
Simon Lester 12 Jul 2013 1 min read

The Plain Packaging Dispute: A Mock Trial

This sounds like it was a lot of fun: In a dry run of one of the biggest legal battles in public health, an advocate for Australia's tobacco policies has delivered seemingly strong rebuttals of objections likely to be mounted in a landmark case at the World Trade
Simon Lester 10 Jul 2013 1 min read

U.S. Compliance in the Tuna-Dolphin Case

The final U.S. regulation related to labelling of dolphin-safe tuna, taken in response to last year's DSB ruling, is now out: https://www.federalregister.gov/articles/2013/07/09/2013-16508/enhanced-document-requirements-to-support-use-of-the-dolphin-safe-label-on-tuna-products If anyone wants to parse through it and offer an opinion as to whether this brings
Simon Lester 10 Jul 2013 1 min read

Why Is Global Trade Watch Protectionist?

I understand why Global Trade Watch is concerned that some trade rules interfere with domestic policy autonomy and the ability to regulate.  I don't agree with everything they say in this regard, but I have some sympathy for some of their views.  (As seen in the last post)
Simon Lester 10 Jul 2013 2 min read

I Take a Side in the International Investment Law Debate

Most of this blog's readers are probably aware that the debate over international investment rules can get pretty heated.  The supporters fight hard to beat back any criticism; the critics get very frustrated over perceived corporate influence and bias. I'm a bit of an outsider to
Simon Lester 08 Jul 2013 2 min read

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International Economic Law and Policy Blog

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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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