Simon Lester

Recall that CETA Article 8.10 identifies the following examples of "treatment" that is not "fair and equitable": 1. Each Party shall accord in its territory to covered investments of the other Party and to investors with respect to their covered investments fair and equitable treatment

Negotiating history often raises as many questions as it answers, but that's part of what makes it interesting. Recently, I stopped by the  University of Pennsylvania library to look at the Clair Wilcox collection of International Trade Organization documents, and I found a document dated September 15, 1947,

This is from the SIEL 2018 conference organizers: The Society of International Economic Law (SIEL) 2018 Global Conference will take place in Washington D.C. on July 12-14, 2018, with the theme International Economic Law in Unsettling Times. The Conference will be the largest conference SIEL has ever organized,

There are reports that an "agreement in principle" on a new NAFTA is almost ready. Will they try to resolve all of the major points as part of this, or will they gloss over some of them? I'm not sure. Anyway, here are 13 issues I&

This is from the newly released text of the EU - Japan Economic Partnership Agreement: ARTICLE 21.25 Administration of the dispute settlement procedure 1. Each Party shall: (a) designate an office which shall be responsible for the administration of the dispute settlement procedure under this Chapter; (b) be responsible for

Last week, I posted about the EU splitting up its trade and investment agreements, with the EU - Singapore agreements separated out into a trade part and an investment protection apart. But it seems that the EU is taking a different approach in its updated, and almost completed, agreement with Mexico.

Today, the Canadian Supreme Court decided the Comeau case, involving provincial barriers on trade in beer. This decision could have created a Canadian "single market" (to borrow a phrase), but the justices decided on a narrower approach. For anyone who follows WTO jurisprudence or debates about policy space/

The legal texts of the EU - Singapore Free Trade Agreement and the EU - Singapore Investment Protection Agreement are now available here. A European Commission press release related to these agreements, and also covering the EU - Japan Economic Partnership Agreement, explains the next steps as follows: The Commission today presented the

China already made the argument that the Section 232 steel/aluminum tariffs are actually safeguard measures, both in a Safeguards Agreement consultations request and a DSU consultations request. Now both the EU and India have filed Safeguards Agreement consultations requests based on this same argument. The EU says the following

This is from Krzysztof Pelc's review of Dani Rodrik's new book: In the case of trade, one such wrinkle, long overlooked, comes from economic models’ focus on the “average citizen.” And while trade agreements may indeed be beneficial to the “average Canadian,” no such animal exists