Michael Froman recently exercised his discretion to overrule the International Trade Commission's determination to exclude from importation certain Apple products found to infringe Samsung patents.  It is reported to be the first time since 1987 that a 337 order has been overruled.  Thus, it is the first time

From a dissenting opinion on the issue of document confidentiality in the Telefonica v. Mexico ICSID case: 3. The majority's decision establishes, de facto, a presumption of confidentiality by prohibiting Parties from disclosing: (i) the records or minutes of the hearings; (ii) the documents submitted by the Parties

Two recent items of note on this topic: 1. From the NY Times, the effect of a smaller budget for USTR: The Office of the United States Trade Representative has been waging a lonely battle for its budget, which shrank 7 percent to $47 million this year because of sequestration

From the EU response to the Seal Products panel's second set of questions: Question 142 (European Union) Please elaborate on the basis for your position regarding de jure and de facto discrimination claims under the GATT 1994 as described in paragraph 79 of the European Union's

From the EU response to the Seal Products panel's second set of questions: Question 127 (All parties) Is the scope of "product characteristics or their related processes and production methods" in TBT Annex 1:1 limited to physical qualities, whether intrinsic or extrinsic, of a product?

From the EU response to the Seal Products panel's second set of questions: Question 108 (European Union) Canada argues that, in examining the existence of specific public morals, "it is relevant whether the conduct arises outside or within the jurisdiction or territory of the Member whose measure

From the EU response to the Seal Products panel's second set of questions: Question 105 (All parties) The parties have referred to animal welfare outcomes in the killing of other wild animals as well as animals in commercial slaughterhouses in these proceedings. Please explain their factual and legal

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

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

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