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US Tuna Panel report again: technical regulations and int'l standards

Dear all, I am intrigued by the US Tuna Panel’s approach to the question of whether the US used the AIDCP standards (which incidentally are resolutions passed by contracting parties to the Agreement on International Dolphin Conservation Program) as a basis for its dolphin-safe labelling provisions. At one
Melaku Desta 01 Oct 2011 2 min read

Why Aren't BITs Controversial?

From a State Department press release: The United States Senate approved the United States-Rwanda Bilateral Investment Treaty (BIT) on September 26 by unanimous consent. The Department of State applauds the Senate’s approval of the treaty and is pleased that the Senate’s longstanding tradition of bipartisan support for
Simon Lester 29 Sep 2011 1 min read

Call for Papers for International Arbitration Conference (Reminder)

As noted previously, the Institute for Transnational Arbitration has issued a call for papers for its First Annual Winter Forum: THE INSTITUTE FOR TRANSNATIONAL ARBITRATION 1st Annual Winter Forum Stanford Court Renaissance San Francisco Hotel San Francisco, California February 2-3, 2012 CALL FOR PAPERS In collaboration with the Academic
Simon Lester 29 Sep 2011 2 min read

The Other WTO Non-Discrimination Dispute: Philippines - Spirits

It's easy to get distracted with all of the interesting aspects of Clove Cigarettes and Tuna, but let's not forget that there is another non-discrimination case going on:  Philippines - Distilled Spirits.  This case deals with GATT Article III:2.  Here is the Philippines' notice
Simon Lester 27 Sep 2011 2 min read

From Tuna to Seals

This paragraph from the Tuna panel report seems like it could have some relevance for the Seal Products dispute: 7.442 As established above, the US dolphin-safe provisions aim at protecting dolphins.  That this particular piece of legislation does not afford protection to other animals or marine species should
Simon Lester 27 Sep 2011 1 min read

Brazil's Exchange Rate Proposal

From Brazil's recent submission (Word doc) to the WTO on "THE RELATIONSHIP BETWEEN EXCHANGE RATES AND INTERNATIONALTRADE" The bearing of wide currency fluctuations on the delicate balance of commitments and concessions resulting from negotiations at the WTO must be better understood and be properly dealt with.
Simon Lester 27 Sep 2011 1 min read

Technical Regulations vs. Standards in the Tuna Panel Report

One interesting part of the recent Tuna-Dolphin panel report is the different views of the panelists on whether the U.S. dolphin-safe labelling measure is a "technical regulation" under the TBT Agreement.   The panel majority found that the the measure is a "technical regulation"
Simon Lester 22 Sep 2011 5 min read

The Boundaries of Using WTO Dispute Settlement

This is from some Congressional testimony by economist Phil Levy: In the absence of new agreements, there is a temptation to seek satisfaction through the aggressive use of venues such as the WTO dispute settlement mechanism -- litigation in lieu of negotiation. This poses a serious long-term threat to the
Simon Lester 22 Sep 2011 1 min read

The Tuna Panel's TBT 2.2 "More Trade Restrictive Than Necessary" Finding

Here's the U.S. - Tuna panel's ultimate finding under TBT Agreement Article 2.2: 7.620 In light of our determinations above in relation to both objectives of the US dolphin-safe provisions, we find that these measures are more trade-restrictive than necessary to fulfil
Simon Lester 18 Sep 2011 1 min read

"Likeness" in the Tuna-Dolphin Panel Report

We're not even done talking about U.S. - Clove Cigarettes, but now we have a new TBT panel report:  U.S. - Tuna II (Mexico) (the new tuna-dolphin case).  I'm overloading on TBT Agreement issues! Here's an excerpt from the panel's findings
Simon Lester 15 Sep 2011 1 min read

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