International Economic Law and Policy Blog

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Simon Lester

Multiple Permissible Interpretations in the DS516 Case

This is from the EU's first written submission in the European Union — Measures Related to Price Comparison Methodologies (DS516) case (footnotes omitted): 8. STANDARD OF REVIEW: PERMISSIBLE INTERPRETATION 275. The European Union submits that the special standard of review in Article 17(6)(ii) of the Anti-Dumping Agreement

Two Views of Science in the Trump Administration

This is from the Washington Post: Policy analysts at the Centers for Disease Control and Prevention in Atlanta were told of the list of forbidden words at a meeting Thursday with senior CDC officials who oversee the budget, according to an analyst who took part in the 90-minute briefing. The

Lighthizer's Opening Plenary Statement at the WTO Ministerial Conference

The full text is here. I'll quote some key portions and offer comments. Lighthizer starts with this: First, the WTO is obviously an important institution. It does an enormous amount of good, and provides a helpful negotiating forum for Contracting Parties. That sounds like a pretty basic point,

Exceptions in Investment Agreements / The Meaning of "Necessary"

Bryan Mercurio and I have a new IIEL Issue Brief in which we argue against using industry (e.g. tobacco) carveouts as a way to ensure policy space in investment agreements. Instead of carveouts, we think that well drafted general exceptions clauses are more useful (well drafted obligations are also

Saving the Trading System

A lot of people are worried about the trading system these days, and are looking for ways to save it. My friends Frank Garcia and Tim Meyer are trying to save it from the left (drawing in part on Frank's forthcoming book Trade and Consent: Trading Freely in

The U.S. View of Section 15 of China's Protocol of Accession

This is from a U.S. third party submission [CORRECTION - that link is to a "Legal Interpretation" submitted by the U.S.; the third party submission is here] in the European Union – Measures Related to Price Comparison Methodologies (DS516) WTO dispute: 8.6. Section 15 is not

Unforeseen Developments in the Solar Safeguards Case

This is from Inside US Trade: U.S. Trade Representative Robert Lighthizer has asked the U.S. International Trade Commission for additional information in the Section 201 probe into solar imports, focusing in his request on so-called “unforeseen developments” -- an issue that sources say has contributed to U.S.

Call for papers, panels & posters for the 6th SIEL Biennial Global Conference has been extended to December 20

From the folks at SIEL: The call for papers, panels & posters for the 6th SIEL Biennial Global Conference has been extended to December 20, midnight GMT. The Conference will be held from 12-14 July 2018 at American University Washington College of Law, Washington, D.C. Please keep the date!

U.S. Concerns About AB Members Serving After Expiration of Their Term

This is from the U.S. statement at the November 22 DSB meeting: 7. APPELLATE BODY MATTERS A. STATEMENT BY THE CHAIRMAN B. APPELLATE BODY APPOINTMENTS: PROPOSAL BY ARGENTINA, BRAZIL, CHILE, COLOMBIA, COSTA RICA, ECUADOR, EL SALVADOR, EUROPEAN UNION, GUATEMALA, HONDURAS, HONG KONG, CHINA; MEXICO, NICARAGUA, NORWAY, PAKISTAN, PERU, RUSSIAN

Clarifying Some ISDS Confusion

I had a recent twitter exchange that baffled me at first, but eventually clarified something in the ISDS debate that I have come across before and found confusing. Sometimes ISDS critics, including me, will say something along these lines: "Disputes between foreign investors and host governments can usually be