Non-Discrimination Standards

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

Here's more from Todd Tucker on the Clove Cigarettes ruling: While menthol and clove are both "flavored cigarettes," so are cola- and candy-flavored cigarettes. The U.S. argued, plausibly in my mind and to paraphrase Big Bird, that "one of these things is not like

I'll tell you how old at the end of the post. The issue was whether Russia hemp was a "like article" to Manila hemp, in the MFN context.  Here's one side of the argument: The turning point in the treaty will be found in

From Reuters: The Obama administration has reached a compromise with automakers on a new fuel economy target for cars and trucks, ending months of negotiations on this pivotal mandate for the auto industry. Automaker fleets will now have to average 54.5 miles per gallon by 2025, according to people

Do the Appellate Body's statements in EC - Aircraft on de facto export contingency tell us anything about the National Treatment standard?  The Panel's findings had seemed to place a lot of emphasis on the reasons for the measure as the basis for determining whether export

When it comes to non-discrimination, National Treatment gets most of the attention.  But MFN can be interesting, too.  Here's a passage from the U.S. third participant submission in the EC - Fasteners appeal: 24. A number of WTO rules explicitly recognize that, in the context of AD

Sometimes when you just can't get enough international trade law, you have to look to domestic trade law.  I've talked about the U.S. dormant commerce clause jurisprudence before.  Now I see an opportunity to move North, with some discussion of the Canadian Agreement on Internal