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Simon Lester

Lighthizer on a Sunset Clause in NAFTA

Here is another interesting issue that came up at last week's House Ways and Means Committee hearing with U.S. Trade Representative Robert Lighthizer: Congressman Johnson: Can you tell me what the sunset clause is and what they are trying to accomplish with it? Ambassador Lighthizer: Absolutely, Congressman.

Do investment treaties de-politicize investment disputes?

When I hear people claim that ISDS/investment protection "de-politicizes" investment disputes, in the sense that governments can avoid the unpleasant task of espousing diplomatic claims against other governments, I usually respond by pointing out that ISDS claims create political controversy of another kind, so at best the

Brady-Lighthizer ISDS Exchange

Congressman Kevin Brady and U.S. Trade Rep. Robert Lighthizer had a good exchange today on ISDS at a House Ways and Means hearing. Here is a messy transcript (hopefully it is mostly accurate): Brady: You know I'm confident you and your team are going to negotiate a

"Regulatory Chill" in NAFTA

This is from the NY Times: The contentious negotiations over the fate of the North American Free Trade Agreement have veered into one of the world’s most pressing health issues: fighting obesity. Urged on by big American food and soft-drink companies, the Trump administration is using the trade talks

Litigating GATT Article XXI: The U.S. View of the Scope of the Exception

The U.S. submissions in the Russia - Traffic in Transit case are now available here. Here's an excerpt from the third party oral statement: III. The Text of Article XXI, in its Context, Establishes That the Exception Is Self-Judging 11. Article XXI of the GATT 1994, in

Litigating GATT Article XXI: The EU's View of the Scope of the Exception

A clarification of the scope of the GATT Article XXI security exception may come sooner than expected, as Russia has invoked Article XXI(b)(iii) in the Russia - Traffic in Transit (DS512) dispute. The EU's third party submissions are now online: Third party written submission and third

The Drafting History of GATT Article XXI: Where Did "Considers" Come From?

In my last post, I highlighted the comments of John Leddy, a U.S. delegate to the GATT negotiations, on the meaning and scope of the GATT security exception. But you probably noticed that the version under discussion as part of the New York draft does not have the crucial

The Drafting History of GATT Article XXI: The U.S. View of the Scope of the Security Exception

In the New York draft of the GATT, the security exception was in Article 37, and was combined with the exceptions that are now part of GATT Article XX. Here's what the security exception looked like in this draft: SECTION H. GENERAL EXCEPTIONS Article 37 General exceptions to

The Steel/Aluminum Tariff Country Exemptions

Presidential proclamations here and here. Canada and Mexico exempt for now. Here is the situation for other countries (from the steel proclamation): 9. In adopting this tariff, I recognize that our Nation has important security relationships with some countries whose exports of steel articles to the United States weaken our

What a WTO Complaint Against Section 232 Tariffs/Quotas Might Look Like

In anticipation of possible U.S. tariffs/quotas on steel/aluminum imports under Section 232, citing national security, I'm going to run through the possible WTO claims against such measures. Let's hope everyone can talk the Trump administration out of this, but if not, a WTO