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Perry Bechky on IEL at SCOTUS

This is a guest post by Perry S. Bechky, Visiting Scholar at Seattle University School of Law and Senior Attorney at Dorsey & Whitney LLP. If you buy a book (or other copyrighted work), where does your right to resell it end?  Does the answer depend on whether the resale
Simon Lester 20 Mar 2013 4 min read

Malawi's Statement on the EU Tobacco Products Directive

At the latest TBT Committee meeting, Malawi has offered a very interesting communication (G/TBT/W/360) related to the EU's proposed Tobacco Products Directive.  In short, they think it violates various TBT Agreement provisions.  They raise several aspects of the measure in particular: * the ingredients bans: There
Simon Lester 20 Mar 2013 2 min read

Flett on the "Diagonal Vector Test"

James Flett of the European Commission has an interesting article in the latest JIEL issue, entitled "WTO Space for National Regulation: Requiem for a Diagonal Vector Test."  His focus is on de facto violations of the national treatment obligation. When I first saw the article, I thought about
Simon Lester 18 Mar 2013 2 min read

Non-Discrimination Obligations versus Other Obligations

This is from Canadian International Trade Minister Ed Fast, reacting to criticisms of the Canada - China investment treaty by opposition leader Tom Mulcair: “If he had actually read this treaty – which was tabled in the House of Commons almost six months ago – he would know that it will give
Simon Lester 18 Mar 2013 1 min read

The Seal Products dispute and the chapeau of Art.XX in Brazil-Tyres

In a recent on-line article, http://www.stewartlaw.com/stewartandstewart/TradeFlows/tabid/127/language/en-US/Default.aspx?udt_583_param_detail=1151, Stewart, Drake and Menaker suggest that the reasoning of the AB on the chapeau in Brazil-Tyres could make it difficult to justify the EU seal products ban, given
Rob Howse 16 Mar 2013 2 min read

Chilean Junk Food Regulations

From the latest TBT Committee meeting: Several delegations ... raised new concerns regarding Chile's proposed amendments to its Food Health Regulations — which would place “STOP” signs on junk food. Pursuant to the amendment, certain categories of food would need to bear labels designated to inform and encourage consumers to
Simon Lester 15 Mar 2013 1 min read

Tweeting international economic law

I am now starting to tweet regularly on international economic law (and related issues).  You can follow @howserob If you are also tweeting, please let me know so I can follow also. best, Rob
Rob Howse 15 Mar 2013 1 min read

GATT BISDs for Sale

This is from GATT/WTO expert and trade lawyer Chris Parlin: Selling complete set of original GATT BISD's -- 2 initial volumes & all 42 annual supplements (1948-1994).  All GATT decisions – including dispute settlement reports, waivers and interpretations.  WTO reprint edition costs 1850 Swiss Francs.  Will sell for
Simon Lester 14 Mar 2013 1 min read

Amicus Submissions in the Canada - Renewable Energy/FIT Appeal

I'm not sure whether any of the parties' submissions will be available in the Renewable Energy/Feed-In Tariff (DS412,426) appeal prior to the completion of the proceedings, but for those who are interested, here are two amicus submissions: -- from Professor Luca Rubini: http://www.worldtradelaw.
Simon Lester 14 Mar 2013 1 min read

"Economic Statecraft" and Trade Rules

Edward Alden of CFR has a blog post telling us that new Secretary of State John Kerry will continue Hillary Clinton’s signature “economic statecraft” initiative, which worked like this: … Clinton began to use State Department assets to strengthen the U.S. economy. That meant deploying embassy staff to promote
Simon Lester 12 Mar 2013 1 min read

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International Economic Law and Policy Blog

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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

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

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