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Russia is (Just About) in the WTO

From the WTO announcement: Russia’s accession to the WTO cleared a major hurdle when the WTO Working Party on its accession approved, ad referendum on 10 November 2011, the package spelling out Russia’s terms of entry to the organization. The Working Party will now send its accession recommendation
Simon Lester 10 Nov 2011 2 min read

Trade in Tonight's GOP Debate

From CNBC: HARWOOD: ... under a Republican governor, the state of California hired a company in China to build major portions in the new San Francisco-Oakland Bay Bridge, creating thousands of jobs in China. And California did that because it was cheaper. Is that smart, purchasing by government in a global
Simon Lester 09 Nov 2011 5 min read

Christmas Trees: Real vs. Artificial, Domestic vs. Imports

From a recent USDA Federal Register notice, here's a new regulation that attempts to promote the fresh cut Christmas tree industry: This rule establishes an industry- funded promotion, research, and information program for fresh cut Christmas trees. The Christmas Tree Promotion, Research, and Information Order (Order), was submitted
Simon Lester 09 Nov 2011 2 min read

Tobacco Labelling Restrictions under Domestic Law

For those following the various aspects of the legality of domestic tobacco labelling restrictions under international economic law, this U.S. court decision (reported by the AP) may be of interest: A judge on Monday blocked a federal requirement that would have begun forcing tobacco companies next year to put
Simon Lester 07 Nov 2011 2 min read

The Intent of a Measure and the "Likeness" / "Less Favorable Treatment" Elements

There are many people who think that intent (or aim or motive or purpose or policy justification, or whatever you want to call it) should not be part of the National Treatment obligation.  For these people, such issues are better left to exception provisions, such as GATT Article XX. But
Simon Lester 02 Nov 2011 2 min read

What is an internal measure under Article III:4? And when does the Note apply?

In the course of writing a paper recently, I developed an idea that I would like to test in the epistemic community. It is to do with the definitions of  internal measures under Article III:4 and enforcement measures under the Note Ad Art III. Fundamental points, of course, and
Lorand Bartels 29 Oct 2011 5 min read

WTO Transparency Remains Poor

Although the WTO is more transparent than the GATT, there is still a great deal of insularity and secrecy.  One recent example are the accession negotiations.  Although there are apparently some negotiations going on regarding the Russian accession, and some brief news items on the WTO website, the most recent
Charnovitz 28 Oct 2011 1 min read

More on Australian Plain Packaging and TRIPS

From a recent TRIPS Council meeting: Australia’s plain packaging bill for tobacco products The bill, first discussed in the last meeting, has passed the lower house and is now in the Senate, Australia reported. It is part Australia’s anti-smoking campaign. (See also this Australian government web page, which
Simon Lester 27 Oct 2011 1 min read

Server Farm Subsidies

From the AP: Facebook will build a new server farm on the edge of the Arctic Circle — its first outside the U.S. — that will improve performance for European users of the social networking site, officials said Thursday. ... Facebook didn't give the price of its investment, but Lulea
Simon Lester 27 Oct 2011 1 min read

TPP's Regulatory Coherence Chapter

I feel like much of the talk about the Trans Pacific Partnership (TPP) relates to IP and health issues.  More interesting to me is the proposed (and recently leaked) "regulatory coherence" chapter.  Here's an excerpt: 1. Through its national coordinating body, process or mechanism, each Party,
Simon Lester 25 Oct 2011 1 min read

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Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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