WTO Disputes

In a new paper, Peter Fitzgerald is skeptical of a GATT Article XX(a) "public morals" defense being successfully invoked by the EU as a justification for its seal products ban.  Here's a key excerpt: Moreover, since import prohibitions are among the most trade disruptive measures

The interim panel report in the Tuna-Dolphin case (DS381) is out.  Here's Washington Trade Daily: A World Trade Organization dispute settlement panel on Friday issued a mixed ruling concurring with Mexico that US “dolphin-safe” labeling rules cause more restrictions than necessary under global trade rules, WTD has learned

From last week's DSB meeting, where the panel for Norway's complaint was established: Norway said it was of the firm view that the EU seal regime was inconsistent with WTO rules. The EU believed that the WTO was not an appropriate forum to discuss Norway’s

From the draft negotiating text on dispute settlement (Word doc), released last Thursday by the WTO, here's the section on remand: 17.12(b)           Where the Appellate Body finds that there is not a sufficient factual basis to complete the analysis with respect to certain issues, it shall

For selfish reasons, I kind of hope so.  It was a lot of fun to watch, and I've missed it the past couple years.  This Reuters article suggests it may be on its way back: The United States violated global trade law by shutting down Internet gambling sites

Recall that one of the issues in the WTO Clove Cigarettes case is whether clove cigarettes and/or menthol cigarettes act as "starter" cigarettes.  The advisory panel report to the FDA on menthol cigarettes, mentioned in the last post, may be relevant to this issue: Adolescents 12 to

For those of you following the WTO Clove Cigarettes dispute, this will no doubt be of interest and could be discussed in the panel proceedings: Removing menthol cigarettes from sale in the U.S. would benefit public health, members of an advisory panel said in a report that urged more

Norway's panel request in the EC - Seal products case is here.  From the request: The EU seal regime imposes a general prohibition on the importation and sale of processed and unprocessed seal products in the EU, thereby depriving Norway of access to a significant market for its

There are two of them, one for the DS369 dispute and one for the DS400 dispute.  These were both brought by Canada; no word yet on whether Norway will be making a panel request to follow its consultations request in DS401. DS369 deals with consultations from 2007, relating to Belgian