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The Rise of the TBT Jurisprudence?

Now, we have a trio of TBT-related Appellate Body reports (Clove; Tuna II; COOL), all of which have been issued quite recently.  Is this a harbinger for a more sophisticated set of jurisprudence unique to the TBT Agreement?  The answer depends on what you expect from the TBT jurisprudence.  If
Sungjoon Cho 01 Jul 2012 2 min read

COOL and TBT Article 2.1 Discrimination

A couple months ago in Cloves, the Appellate Body had the following to say about the "less favourable treatment" standard" of TBT Article 2.1: 215. ... Where the technical regulation at issue does not de jure discriminate against imports, a panel must carefully scrutinize the particular circumstances
Simon Lester 29 Jun 2012 1 min read

The Seal Products Ban and "Non-Instrumental Public Morals" Measures

In the U.S., everyone is focused on today's health care ruling.  If you can tear yourself away (or if you are from somewhere else and/or just don't care), let me mention the Opinio Juris discussion of an article by Rob Howse and Joanna Langille.
Simon Lester 28 Jun 2012 4 min read

Foie Gras Bans and WTO Law

Many years ago, Joel mentioned trade law issues related to Chicago's ban on foie gras.  Perhaps now that a bigger market (California) has passed its own ban, we may see the issue raised at the WTO: TOULOUSE, France -- France's foie gras industry says legislation due
Simon Lester 28 Jun 2012 1 min read

More on that U.S.-EU FTA

Pretty lukewarm on the EU side, too.  Here is EU Trade Commissioner Karel De Gucht: "The announcement of Presidents Barroso and Obama welcoming the publication of the interim report on how to deepen the transatlantic trade relationship is extremely encouraging. We are now entering the last leg of mapping
Simon Lester 26 Jun 2012 1 min read

Romney vs. Obama on Trade

Romney supporter (and former USTR) Senator Rob Portman says Romney will push harder for bilateral FTAs, and be tougher on China, than Obama: Republican presidential candidate Mitt Romney would move aggressively to open up more foreign markets for U.S. exports, while getting tougher with China on its trade and
Simon Lester 26 Jun 2012 1 min read

About Me

I don't talk about myself much on this blog. It's not that kind of blog. But this seems worth mentioning: As of this past Monday, I am now a trade policy analyst at the Cato Institute.  My Cato webpage is here. Don't worry (in
Simon Lester 21 Jun 2012 1 min read

Guest Post on Iran Economic Sanctions

A guest post from GDB, who is looking for input but wants to remain anonymous: The recent economic sanctions on Iran, culminating with UN SC Resolution 1929 (2010) and the UN Members’ implementing measures, pose some problems of WTO compatibility, to the extent the measures fall under the scope of
Simon Lester 21 Jun 2012 3 min read

The Coming U.S. - EU FTA

Based on this statement by President Obama, I'm not holding my breath: "Today, the United States and the European Union agreed to take the next step in our work towards the possible launching of negotiations on an agreement to strengthen our already very deep trade and investment
Simon Lester 20 Jun 2012 1 min read

Implementing Cloves: The Reasonable Period of Time

I can't tell you what the U.S will do to implement the Cloves rulings, but I can tell you the date by which they must do it: 15 months from adoption (July 24, 2013), pursuant to this Article 21.3(b) agreement.  Mark your calendars.
Simon Lester 20 Jun 2012 1 min read

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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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