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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
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,
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
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
Simon Lester 23 Jul 2013 2 min read

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

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Featured

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

My Questions for Chad on China in the World Trading System

At the Peterson Institute event launching the "How To Win a Trade War" book, Chad said some things about trade relations with China that I found interesting.
26 May 2026 4 min read

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