International Economic Law and Policy Blog

Sign in Subscribe

Simon Lester

Guest Post: The CJEU Strikes Again in Achmea. Is this the end of investor-State arbitration under intra-EU BITs?

This is a guest post from Dr. Szilárd Gáspár Szilágyi, a Postdoctoral Fellow at PluriCourts, University of Oslo These are exciting times for both investment law and EU law professionals. The EU’s recent moves in international investment law have become the topic of much discussion, be it the conclusion

How Should Countries Retaliate Against the Steel/Aluminum Tariffs?

This is from Politico: But European Union officials are already planning retaliatory actions, targeting products from politically sensitive Republican-run states, including the imposition of tariffs on Harley-Davidsons made in Speaker Paul Ryan’s home state of Wisconsin; duties on bourbon made in Senate Majority Leader Mitch McConnell’s home state

Dispute Settlement in the NAFTA Talks

If you are looking for a distraction from the general panic about Trump's possible steel/aluminum tariffs, take a look at this from Inside US Trade: Efforts to fix NAFTA’s state-to-state dispute settlement process have also progressed during this round, sources said. Mexico and Canada are making

Director of the Rules Division

The WTO Secretariat is advertising for a new Director of the Rules Division (application deadline March 28): General Functions The incumbent will lead the Rules Division, which is responsible for all matters in the areas of subsidies, contingent trade remedies (anti-dumping, countervailing measures and safeguards), trade-related investment measures, state trading

The Appellate Body's Review of the Meaning of Domestic Law

Here's something else from USTR's 2018 Trade Policy Agenda and 2017 Annual Report: iv. Appellate Body Review of facts and review of a Member’s domestic law de novo Another significant concern is the Appellate Body’s approach to reviewing facts. Article 17.6 of the

Summing up the Steel/Aluminum Tariff Situation

Here's a concise summary of what is happening with the Section 232 steel/aluminum tariffs: President Trump said some things yesterday about tariffs on steel and aluminum. We'll find out next week (or later) what, if anything, it means.

NAFTA Chapter 19 vs. The CIT

A while back, I said I would be trying to gather some evidence on the relative impact of appeals to NAFTA Chapter 19 vs. appeals to the U.S. Court of International Trade. Well, I finally have some data, but let me clarify in all caps that it is PRELIMINARY

What Is the Precedential Value of Appellate Body Reports?

This is from USTR's 2018 Trade Policy Agenda and 2017 Annual Report (p. 28), released yesterday: v. The Appellate Body claims its reports are entitled to be treated as precedent Without basis in the DSU, the Appellate Body has asserted its reports effectively serve as precedent and that

Appellate Body Reform Proposals from the IIEL

In a new Issue Brief, which it describes as "a product of discussions between IIEL faculty, students and stakeholders," Georgetown's Institute of International Economic Law has the following proposals for reforming the Appellate Body transition rules: Proposal 1: Limit Carry-Over to Disputes Where the Hearing Has

When Does "Should" Really Mean "Shall"?

As we all know, "should" means something very different from "shall." Except when it doesn't. This is from the Korea - Radionuclides panel report circulated last week: 7.9.5.1 Does Annex C(1)(g) impose a positive obligation? 7.426. Japan relies