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Clove Cigarettes: The Next Step

Indonesia has requested authorization to suspend concessions or other obligations in the Clove Cigarettes dispute: The United States failed to implement the recommendations and rulings of the DSB with respect to Section 907(a)(1)(A) by the end of the reasonable period of time, and no mutually acceptable arrangement
Simon Lester 14 Aug 2013 1 min read

Hillman on Carbon Taxes and the WTO

Former AB Member Jennifer Hillman has a new paper on carbon taxes and WTO rules. Some excerpts: Can such a carbon tax be applied in a way that does not violate U.S. obligations under the WTO Agreements? I believe the answer is yes, provided that policymakers carefully design such
Simon Lester 14 Aug 2013 2 min read

More on Investor-State and Section 337

Back in February, I wondered whether Samsung could file an investor-state complaint -- under the KORUS FTA -- in the event that some of its components were excluded from the U.S. through a Section 337 determination.  Recent developments in this area now offer up another possible complaint. As everyone probably
Simon Lester 13 Aug 2013 1 min read

SIEL Essay Prize

The 2013 SIEL essay prize competition is now open: The competition is open to all current undergraduate and graduate students of any university or other tertiary education institution, and those who have graduated from a university or other tertiary education institution no earlier than five years before the submission deadline
Simon Lester 13 Aug 2013 1 min read

Can the USTR Deny Samsung an Exclusion Order Under Section 337?

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
Joel Trachtman 10 Aug 2013 1 min read

Transparency in Investment Arbitrations

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
Simon Lester 09 Aug 2013 2 min read

The Impact of the Sequester on U.S. Trade Policy

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
Simon Lester 08 Aug 2013 2 min read

De Jure vs. De Facto Discrimination under TBT Article 2.1

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
Simon Lester 05 Aug 2013 1 min read

Product Characteristics and PPMs

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?
Simon Lester 05 Aug 2013 3 min read

Extraterritoriality in the Seal Products Dispute

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
Simon Lester 02 Aug 2013 3 min read

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