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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

Complying with the COOL Ruling

The compliance deadlines in the three TBT cases (Clove Cigarettes, Tuna, and COOL) are coming up soon.  COOL is up first:  May 23. USDA has just issued a proposed rule designed to bring the U.S. COOL measure into compliance.  As they explain: The proposed rule would modify the labeling
Simon Lester 11 Mar 2013 2 min read

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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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