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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

What Does Fair and Equitable Treatment Mean? What Does Anything in Trade Law Mean?

Benn McGrady says the following about the fair and equitable treatment standard in international investment law: Older cases from the days of diplomatic protection (when a state would bring a claim on behalf of its nationals) suggest that it is very difficult to establish a violation by the host state.
Simon Lester 18 Jun 2012 2 min read

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