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Flavoring Issues in the Proposed EU Tobacco Products Directive

From the proposed revision to the EU's tobacco products directive, mentioned in the last post: (15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or
Simon Lester 19 Dec 2012 1 min read

Plain Packaging and Flavored Cigarettes in the EU

From Reuters: The European Union's executive Commission is to propose larger health warnings on cigarette packets and a total ban on flavorings such as menthol, a draft revision of EU tobacco rules seen by Reuters showed on Monday. The proposals stop short of forcing all cigarettes to be
Simon Lester 17 Dec 2012 1 min read

Can the WTO Handle All These Disputes?

A few months ago, I mentioned the surge in WTO disputes this year.  Well, they keep coming, and it may be starting to strain the WTO's resources.  Reuters reports: A surge in trade disputes has forced the World Trade Organization to reallocate staff to cope with a flood
Simon Lester 17 Dec 2012 1 min read

Investor-State Polling in New Zealand

A recent poll in New Zealand asked the following: New Zealand is currently negotiating a free trade and investment treaty with ten other countries called the Trans Pacific Partnership. As part of the negotiations, there is a proposal to allow foreign investors to sue governments in private offshore tribunals if
Simon Lester 17 Dec 2012 1 min read

Antigua Retaliates

You are forgiven if you have forgotten about the WTO Gambling dispute.  It has been a while since anything happened.  But apparently it is at long last on to the next stage, as Antigua announces (Word doc) that retaliation is coming: On 21 December 2007, the Arbitrators determined in document
Simon Lester 13 Dec 2012 1 min read

Cheer Up, USTR!

This is from a Washington Post article on a recent survey of federal workers: The Office of the U.S. Trade Representative ranks as the worst small agency, [with only 32.7 percent of employees saying they are satisfied]. Former employees said its sense of mission was eroded by an
Simon Lester 13 Dec 2012 1 min read

New Chairs and Vice Chairs of the ASIL-IEcLIG

From the ASIL-IEcLIG: Elizabeth Trujillo from Suffolk University Law School and Jason Yackee from University of Wisconsin School of Law have been elected to be Co-Chairs of the International Economic Law Interest Group for ASIL.   Jason and Elizabeth are stepping in after 2 years as being Co-Vice Chairs under the
Simon Lester 13 Dec 2012 1 min read

Eli Lilly NAFTA Chapter 11 Claim - Part 3

One last post on the Eli Lilly NAFTA Chapter 11 complaint (unless someone else has something they want to add).  Eli Lilly's national treatment argument is as follows: 106.  The  measures in  issue  de facto  discriminate  against Lilly,  a  U.S. investor,  when compared to domestic investors, by
Simon Lester 12 Dec 2012 1 min read

Eli Lilly NAFTA Chapter 11 Claim - Part 2

In the last post, Henning provided an excellent summary of the key substantive parts of the Eli Lilly NAFTA Chapter 11 complaint as it relates to IP law.  Let me just make a more general point here (and another more specific point in the next post). In Eli Lilly'
Simon Lester 12 Dec 2012 1 min read

Guest Post by Henning Grosse Ruse - Khan: Investor–State Arbitration to Challenge Host State Compliance with International IP Treaties?

A Guest Post by Henning Grosse Ruse - Khan: Last week, Luke Peterson reported that the U.S. based pharma corporation Eli Lilly has put Canada on notice of its intent to submit a claim to arbitration under NAFTA Chapter 11 following the invalidation of some of its patents by
Simon Lester 11 Dec 2012 2 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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