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Evidence of Public Morals

From the EU response to the Seal Products panel's first set of questions: Question 48 (All parties) What kind of evidence is necessary to establish the existence of "public morals" under Article XX(a) of the GATT 1994? Does it differ depending on the type of
Simon Lester 02 Aug 2013 2 min read

What Aspect of the Measure Must be Necessary under the GATT Article XX Exceptions?

From the EU response to the Seal Products panel's first set of questions: Question 43 (All parties) What aspects of the EU Seal Regime should be examined for the necessity test under Article XX(a) and XX(b) of the GATT 1994? Explain your position in light of
Simon Lester 01 Aug 2013 2 min read

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

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International Economic Law and Policy Blog

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Tracking Goods Exports under the Trump Administration's Trade Policies

My sense is that one of the reasons some traditionally pro-trade members of Congress have continued to support Trump's trade policies, despite misgivings they may have about tariffs, is because they hope these policies will pry open foreign markets, leading to increased US exports.
07 May 2026 8 min read

Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

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