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Non-Discrimination Standards

57 posts

The "Likeness" of Cloves, Menthols and Candy Flavored Cigarettes

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

Some Very Old "Likeness" Arguments

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

U.S. Fuel Efficiency Standards: Trucks vs. Cars

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

Intent, Export Contingency, and National Treatment

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

The Scope of the MFN Standard

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

National Treatment in the NAFTA Chapter 11 Cargill Award

The Cargill v. Mexico NAFTA Chapter 11 award is available here. It was sent to the parties in September 2009, but it is just now being released publicly. In this post, I'm just going to make a quick point about the National Treatment analysis. When I first started

Ontario's Dairy Restrictions under Canada's Agreement on Internal Trade

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

National Treatment in the Renco Investor-State Complaint

And here's the final non-discrimination post of the day. U.S. company Renco Group, on its own behalf and on behalf of its affiliate Doe Run Peru (DRP), has brought an investor-state claim against Peru under the U.S.-Peru Trade Promotion Agreement. The Notice of Intent to

Non-Discrimination under GATT Article III:2, first sentence

Here's the third non-discrimination post of the day. Looking over the U.S. responses to the Panel's questions in Philippines - Spirits (DS396/403), it was striking how little discussion of intent/effect issues there was, in comparison with Clove Cigarettes and Tuna, the subject of

National Treatment: Imports from Complainant versus All Imports

For today's non-discrimination post number 2, here's something from the U.S. - Tuna II (DS381) panel's questions to the U.S.: 149. To the United States: You have referred to the treatment afforded to “imported products” under the measures in the context of