Simon Lester

The award in the Windstream v. Canada NAFTA Chapter 11 investment arbitration was recently published. Investment Arbitration Reporter has a full summary here. I wanted to highlight two aspects of the fair and equitable treatment reasoning. First, the tribunal seemed to apply a strict "no dictionaries" principle: 357.

The 15 year period after China's WTO accession during which litigation about the treatment of China as a "non-market economy" was put on hold has now expired, and the litigation can commence. This is from Inside US Trade: China this week wasted no time challenging the

I've had a few questions from friends and reporters asking what I thought of the GOP tax plan set out here.  This is a key excerpt from the plan: Today, all of our major trading partners raise a significant portion of their tax revenues through value-added taxes (VATs)

I wanted to welcome Inu Manak as a contributor to this blog. Inu was our research assistant at Cato's trade policy center, and she has been my co-author on several journal articles and op-eds. She is now a PhD student in poli sci at Georgetown (studying under Marc

Like most people, I didn't expect the UK voters to support Brexit. I figured this vote would be like all the other secession votes that come along, with a rejection at the end.  But with the vote going the way it did, whatever you think of the idea

This is from the Financial Times: Germany’s highest court has ruled that the country’s utilities should be compensated for the government’s decision in the wake of the Fukushima disaster to shut down all Germany’s nuclear reactors. The decision by the Constitutional Court in Karlsruhe is a

The WTO panel in the plain packaging case tells us that the report will be circulated to the parties "not before" May 2017.  So what does that mean for those of us who are not parties, but rather mere members of the public?  For some indication, but not

This is from the latest Columbia FDI Perspectives: A network of bilateral treaties and other international investment agreements (IIAs) has constructed a predictable and enforceable international investment regime. Since 1992, however, the protections offered by this regime have potentially been limited by the inclusion in IIAs of self-judging essential security

This is the latest from Donald Trump: The U.S. is going to substantialy reduce taxes and regulations on businesses, but any business that leaves our country for another country, fires its employees, builds a new factory or plant in the other country, and then thinks it will sell its

What will happen if some global governance regimes try to assert their authority over other regimes?  This is from a paper by Lukasz Gruszczynski: The current language of the [Framework Convention on Tobacco Control] does not provide any exclusion clause that would prevent the recourse to other international dispute settlement