Simon Lester

The WTO panels in the plain packaging case have delayed the reports again. This is from the panel communication in the DS435 case: The Panel wishes to advise that it now expects to issue its final report to the parties not before the end of 2016, in light of the

Following up on the last post, this is from a recent report by Canada's Standing Senate Committee on Banking, Trade and Commerce, seeking to have the Canadian Supreme Court clarify the free trade provisions of the Canadian Constitution: A. Overview While the committee would prefer a renewed and

Last month, a Canadian lower court ruled that the Canadian constitution does, in fact, guarantee free trade among the provinces. Here are the basic facts of the case, from the Toronto Globe and Mail: In 2013, Gérard Comeau was caught in what is likely the lamest sting operation in Canadian

As always, when there are big, disruptive policy changes, lawyers are some of the biggest winners. In the case of Brexit, it looks like some of my trade lawyer friends will be among them: The ripple effect of last week’s Brexit vote continues to be felt in Washington, where

Donald Trump just gave a speech on trade policy. It's full of nonsense, but honestly, it's not much different than you would hear from other politicians (many Democrats and some Republicans). Here are his recommendations for change: There is no way to “fix” the TPP. We

Prior to the vote, I wasn't paying much attention to Brexit. Like many people, I didn't think Leave would happen. I was wrong, and now I'm trying to play catch up on the issue! I've seen it said that Article 3(1)

Bloomberg reports: TransCanada Corp. is seeking to recoup $15 billion for the Obama administration’s rejection of the Keystone XL oil pipeline, in a legal claim that highlights how foreign companies can use trade deals to challenge U.S. policy. The Calgary-based pipeline operator filed papers late Friday seeking arbitration

Anthea Roberts and Richard Braddock have a short Columbia FDI Perspectives piece that explains a procedure in the China - Australia FTA (ChAFTA) which allows the parties to the agreement to intervene when there is a dispute that involves public welfare regulation, in order to get the claim dismissed. Here&

Michael Punke and Tim Reif respond to an FT article about the Appellate Body reappointment controversy with a letter to the editor. I want to focus on their last paragraph, which is not about the Appellate Body: A quick note on the use of trade remedy laws, for which the

On August 25-26, 2016, Pluricourts will hold a conference in Oslo on "Adjudicating International Trade and Investment Disputes: Between Interaction and Isolation." The program is here. Here is more: This conference will focus on the relationship, interactions and comparisons between the international trade and investment regimes in the