I mentioned the WTO law of foie gras bans here.  A WTO complaint may be unlikely, but apparently a commerce clause challenge (along with due process challenges as well) has begun.  Here is an excerpt from the complaint: 14 THIRD CAUSE OF ACTION 15 Declaratory Relief - Violation of the Commerce

Andrew Mitchell and I are editing a forthcoming special issue on Legal Issues in Tobacco Control in Transnational Dispute Management. It will examine legal issues surrounding international related disputes arising from tobacco regulation and control. This is a particularly urgent topic for examination in view of the ongoing investment arbitration

What struck me the most reading the recent AB report on COOL, is how, for the third time in a row, the AB found a violation of discrimination (under TBT Art. 2.1), but shied away from finding the measure “more trade restrictive than necessary” (pursuant to TBT Art. 2.

That's the question Rob and Joanna asked here.  Here's how I see it (and by that I mean, here's how I think it should be, not how it currently is in the jurisprudence!). There are three elements to determining whether a measure is discriminatory.

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

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.

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 to

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

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