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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 to
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

Do All "Buy National" Provisions Result in a "Benefit"?

This is from Friday's China – GOES WTO panel report: 7.363 In the Panel's view, the United States has not made out its claim under Article 22.3 of the SCM Agreement. The United States argues that MOFCOM did not explain why a price derived from
Simon Lester 18 Jun 2012 3 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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