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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 Canadian
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
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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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in 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."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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