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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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USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

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