Simon Lester

Here are some excerpts from an old law review debate about the constitutionality of CUSFTA Chapter 19: Alan Morrison of Public Citizen: If the meaning and applicability of the laws of the United States dealing with antidumping and countervailing duties are enunciated and given legally binding effect in decisions directly

USTR has just published the Trump administration's NAFTA negotiating objectives here. Many of them will look familiar, as they are a standard part of U.S. trade negotiations.  Here are some examples: Investment - "Secure for U.S. investors in the NAFTA countries important rights consistent with U.

This is from the Trade and Sustainable Development chapter of the Japan-EU Economic Partnership Agreement (JEEPA), circulated by the EU last week: Article 4 Multilateral environmental agreements ... 4. The Parties reaffirm their commitment to achieving the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC). The

How much does ISDS litigation on tobacco regulation cost?  And who has to pay? This was from the Philip Morris v. Uruguay tribunal: 588. In view of the outcome of the case and the significant disproportion between the Parties’ respective costs, the Tribunal deems it fair and reasonable that the

Inside US Trade has some KORUS news: Following President Trump's promise to renegotiate the U.S.-Korea free trade agreement “right now,” an administration official told Inside U.S. Trade the Office of the U.S. Trade Representative will formally request that both countries' joint committee convene

This is from a Q & A with Meg Kinnear, Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID): We have seen some anti-investment arbitration sentiment in the global press; what are the main misconceptions about ISDS? There are a number of fundamental misconceptions. For example,

From the comments on another post, here's something from David Gantz: Am I missing something with the announcement that Ford will build a new plant in China to build the next generation small car (Focus)? I believe that this was the plant that Ford originally planned for Mexico,

The panel report is now available. I'll put it on WorldTradeLaw.net soon, but for now you can read it here. This is from the conclusion: 594. The United States has proven that at eight worksites and with respect to 74 workers Guatemala failed to effectively enforce its

In my last post, I cited a Politico article which suggests that ISDS/investment protection will be removed from the Japan - EU free trade agreement (JEFTA) that is currently under negotiation.  But now I see that Greenpeace has leaked some of the JEFTA text, which shows that it has investment

To follow up on Anthea's post from last week, there is another fundamental question about ISDS/investment protection: If it is going to exist, in one form or another, where exactly does it belong? Should it be part of the trade regime? Or should there be a separate