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Does the TBT Agreement Apply to the Seal Products Measure?

The TBT Agreement only applies to certain kinds of measures, including "technical regulations."  Is the Seal Products measure a technical regulation?  Here's the definition of technical regulation: Document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with
Simon Lester 03 Jan 2013 3 min read

De Facto National Treatment Discrimination in Seal Products

From the first EU written submission in the Seal Products dispute: 322. Canada argues that 90-95% of its seal  products, which derive from large-scale commercial hunts, cannot be placed on the EU market whereas seal products of certain EU Member States may potentially be placed on the market
Simon Lester 02 Jan 2013 2 min read

De Facto MFN Discrimination in Seal Products

From the first EU written submission in the Seal Products dispute: 257. Canada argues that the Indigenous Communities exception  de facto  violates Article 2.1 of the TBT Agreement since such exception effectively permits 100% of Greenlandic seal products to be placed on the EU market, but excludes virtually all
Simon Lester 26 Dec 2012 1 min read

EU posts first submission in Seal Products dispute

The submission can be found here: http://trade.ec.europa.eu/wtodispute/show.cfm?id=475&code=2#_eu-submissions Canada appears to be still hiding its submission from the public.  The submission has been leaked to various individuals, however, and I have seen a copy.  Reading the EU
Rob Howse 21 Dec 2012 1 min read

Yet More WTO Complaints?

Now that Russia is in. From Reuters: Assuming WTO relations are set up quickly, the United States and Russia could file complaints against each other in the coming months. Earlier in December, Russia banned imports of meat containing any trace of ractopamine, a feed additive widely used in the United
Simon Lester 20 Dec 2012 1 min read

"Benefit" in the Canada - Renewable Energy Case

As I said yesterday, it's not easy to summarize the "benefit" issue in the Canada - Renewable Energy panel report.  But just quickly, the dissenter puts the two sides succinctly.  The majority view (as desribed by the dissenter): 9.1 ... In essence, the Panel majority has found
Simon Lester 20 Dec 2012 2 min read

More on those WTO Dispute Settlement Jobs

Amy Porges points me to more details on the WTO hiring in dispute settlement: Vacancy Notice No.: EXT/T/12-07    Title: Dispute Settlement Lawyer    Grade: To be confirmed    Contract Type: Temporary appointment    Issued On: 14 November 2012    Original published date: 14 November 2012  (42 day(s) until closing date)
Simon Lester 20 Dec 2012 1 min read

The Renewable Energy / Feed-In Tariff Panel Report

From today's WTO panel report in Canada - Renewable Energy/Feed-In Tariff: 7.7 Throughout these proceedings, however, the complainants have emphasized that in contesting the WTO-consistency of the challenged measures, they do not question the legitimacy of the objectives pursued by the Government of Ontario through
Simon Lester 19 Dec 2012 1 min read

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

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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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