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Non-Discrimination Standards

60 posts

Jamieson Greer on Not Getting Fooled by Discriminatory EU Tech Regulations

At a Hudson Institute event earlier this week, U.S. Trade Rep. Jamieson Greer had the following exchange with Peter Rough of Hudson on EU digital regulations: Rough: The joint statement last August with the Europeans filling out the Turnberry agreement that the President struck with Commission President von der

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.

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.

The Trump Administration's New Push on Foreign Digital Taxes and Regulations

I have done a number of posts over the years on what U.S. trade officials mean when they talk about foreign digital taxes and regulations "discriminating" against U.S. companies. Are they talking about the intent of the measure or just its effect? On the latter, is

Katherine Tai on "Discrimination" against U.S. Companies and National Security Capture

Katherine Tai is no longer the U.S. Trade Representative, but I missed this podcast interview that took place while she was still in office, so I'm going to submit this blog post about her trade policy views a few days late. I only have two brief comments,

Will Trump's Early Tariffs Be Used To Fight Digital Regulatory Barriers?

CNN reports that some of Trump's early tariffs might be used to fight foreign digital regulations: The campaign has commissioned its own studies on the economic impact of these tariffs, with levies not far below the levels Trump has suggested, according to people familiar with the effort. Some

Do Foreign Digital Regulations "Discriminate" against U.S. Firms? The Case of Korea

Just about everybody agrees that "non-discrimination" is a core principle of the trading system, but what exactly do we mean by it? What is the role of intent and effect? Governments who feel like their companies are being hurt by a foreign regulation often focus on the effect,

USTR's View of Non-Discrimination

Here is an excerpt from the U.S. statement at the last DSB meeting, in which it discusses the EU - Palm Oil panel's interpretation of non-discrimination in TBT Agreement Article 2.1: - The United States is disappointed that the Panel in this dispute at times simply

Reinterpreting WTO Non-Discrimination Obligations

The excellent and interesting Villars Framework 2.0, which was recently released, expresses concern that "[j]udicial balancing tests may leave states uncertain as to which sustainability standards are permitted and which are not," and offers the following reform proposal related to PPM-based standards: This problem of uncertainty,

The Supreme Court's Latest Ruling on the Dormant Commerce Clause: More Evidence that People Disagree on the Appropriate Degree of Economic Integration

It has been a while since I've written about a U.S. Supreme Court dormant Commerce Clause case, but the recent National Pork Producers Council v. Ross decision provides a great opportunity to revisit the issue. Steve Charnovitz commented on the decision here. (Here are some other takes: