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Baldwin on the Rise of Regionalism

From a recent CEPR paper by Richard Baldwin: The rise of 21st century regionalism is not yet a disaster for the world trade system. It has kept trade liberalisation and trade booming despite the WTO’s slow progress. But the present course of events seems certain to undermine the WTO’
Simon Lester 13 Jan 2012 1 min read

Trade Conflict with Japan and China

When I first started in the trade law world, Japan was still the big threat everyone was worried about.  Things have definitely changed since then.  From a recent NY Times opinion piece, here's a theory as to why: Japanese trade negotiators noticed an almost magical sweetening in the
Simon Lester 13 Jan 2012 2 min read

"Likeness" in Spirits and Cigarettes

As mentioned here, the recent Appellate Body findings on likeness in the Philippines - Spirits decision seem to mean that competitiveness is the key to the "likeness" analysis, even under GATT Article III:2, first sentence.  Here's what we said about this issue in our DSC (subscribers
Simon Lester 08 Jan 2012 4 min read

The Clove Cigarettes Appeal

The U.S. appellant's submission is here:  http://www.ustr.gov/webfm_send/3225  Here's one issue I'll be watching during the appeal: 73. In reaching its conclusion that Section 907(a)(1)(A) accords less favorable treatment to imported clove cigarettes than to
Simon Lester 05 Jan 2012 1 min read

Yale Conference on the ICSID Annulment Procedure

From the editors of the Yale Journal of International Law: For over 40 years, the World Bank’s International Center for the Settlement of Investment Disputes (ICSID) has offered investors and states a unique arbitration mechanism, which trades off diplomatic protection on behalf of investors in return for commitments by
Simon Lester 05 Jan 2012 1 min read

Differentiated Tariff Rates for "Toys" and "Dolls"

Blogger Matt Yglesias is shocked by the different U.S. tariff rates for toys and dolls: You probably did not realize that the official legal position of Marvel is that contrary to the general thematic content of the Marvel Universe, mutants are not people. A recent Radiolab podcast brings the
Simon Lester 03 Jan 2012 1 min read

Bhagwati on the U.S. Influence on FTAs

From a recent opinion piece by Jagdish Bhagwati: The US has been establishing a template for its PTAs that includes several items unrelated to trade. So it is no surprise that the TPP template includes numerous agendas unrelated to trade, such as labor standards and restraints on the use of
Simon Lester 01 Jan 2012 1 min read

Antigua's Lawyer Reacts to Legalizing Online Gambling in the U.S.

The Antigua Observer reports on the reaction of Mark Mendel, one of Antigua's lawyers in the WTO gambling dispute, to the Justice Department opinon on online gambling noted the other day: Reacting yesterday to the US assistant attorney general’s view on the matter, Antigua’s counsel Mark
Simon Lester 01 Jan 2012 2 min read

IEL research symposium - Sydney 2 March 2012

The International Economic Law Interest Group of the Australian and New Zealand Society of International Law is holding a research symposium together with the Sydney Centre for International Law at Sydney Law School on Friday 2 March 2012. The goal of the symposium is to promote discussion of work in
Tania Voon 28 Dec 2011 1 min read

The Plain Packaging BIT Claim: Jurisdictional Issues

The Australian government has posted a response to the Philip Morris notice of arbitration in the Plain Packaging BIT claim.  In addition to a brief discussion of substantive issues, Australia has offered some jurisdictional arguments: 29. The Australian Government objects to the jurisdiction of the arbitral tribunal (by way of
Simon Lester 26 Dec 2011 3 min read

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