International Economic Law and Policy Blog

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Simon Lester

Ken Vandevelde on Regulatory Autonomy and Investment Treaties

Ken Vandevelde is one of the preeminent scholars on investment treaties. He has a new short paper entitled "IIA provisions, properly interpreted, are fully consistent with a robust regulatory state" here. In the paper, he makes a couple points that I want to address. First, he talks about

How Does Iceland Choose Investment Treaty Partners?

After a recent trip to Iceland -- great scenery and delicious food! -- I wanted to learn more about the country, so naturally I looked up Iceland's most recent WTO Trade Policy Review and skimmed through the Secretariat report.* I was intrigued by this sentence: 2.39. Iceland&

The ITC's Treatment of Unforeseen Developments in the Photovoltaic Cells Case

I'm puzzling over certain aspects of the consideration of "unforeseen developments" in the Photovoltaic Cells Section 201 case. Here's a brief rundown of the issue. On November 13, 2017, the ITC sent to the President its report in the case. I had been wondering

Are Section 301 Tariffs Coming Soon?

I am hearing some talk that the ongoing Section 301 investigation related to certain Chinese government practices will result in President Trump imposing tariffs against Chinese imports. This is from Axios: It's quite likely Trump will use 301 authority — in January, we're told — to put tariffs

What Exactly Was Promised on the NME Methodology?

Thanks to Henry for pointing us to China's opening statement at the European Union – Measures Related to Price Comparison Methodologies (DS516) panel meeting. Following up on the discussion in the comments on Henry's post, China is clearly taking this dispute very seriously, and says the following

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