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Simon Lester

Simon Lester

Co-founder of WorldTradeLaw.net and China Trade Monitor. Non-resident fellow at the Baker Institute.

http://simonlester.com

Trade in Everything: Lion Hunting Services

From the Washington Post a few weeks ago: They call it canned hunting. South African ranchers breed lions in captivity, from cubs to adults, then release them just after the arrival of a hunter who pays about $15,000 for a kill. Sometimes the animal is drugged to make it

1990s Paul Krugman vs. Today's Paul Krugman

Back in the 1990s, I remember enjoying Paul Krugman's writings about trade policy and globalization. But now he writes things like this: After all, doesn’t everyone know that protectionism causes recessions? Actually, no. There are reasons to be against protectionism, but that’s not one of them.

The New Investment Appellate Court Will Have Remand

This is from Article 8.28, para. 2 of CETA: 2. The Appellate Tribunal may uphold, modify or reverse a Tribunal's award based on: (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant

Will the New Investment Court Be Used?

Todd Weiler is worried that the EU proposals for an investment court -- now in both the (yet-to-be-ratified) CETA and EU-Viet Nam FTA -- could lead to restrictive interpretations that make it too hard to win cases: The changes could lead to a tribunal that is seldom used,

A Graphic Depiction of CETA ISDS

Here is what @Trade_EU posted on twitter to help illustrate the new CETA ISDS: Not surprisingly, this graphic is getting rave reviews on twitter! I've seen (or offered myself) comments on the canoe, the bunny rabbits, the raccoon hat, the squirrel, the mustachioed Canadian who looks like

The Right to Regulate Provision in EU Investment Chapters

In the EU proposal for an investment chapter in TTIP, there is a provision on the "right to regulate" that seemed confusing to me, and certainly not as strong as a real exception. At the same time, some people apparently worried it was too strong. It looks like

Canada Agrees to the EU's Investment Court System

Apparently, Canada has agreed to amend the CETA investment provisions, to include the EU's new investment court. Here is the EU summary of the changes: Background The most important elements of the revised CETA investment chapter are the following: Investment protection The revised CETA text includes a new

Green Industrial Policy, Tariffs, and Domestic Content Requirements

The WTO panel report in India - Solar Cells, circulated last week, triggered some thoughts about green industrial policy, by which I mean government actions to help push us towards the use of cleaner energy. I'm skeptical of all industrial policy, and therefore I'm also skeptical of

The First GATT Article XX(j) Case

From today's India - Solar Cells WTO panel report: 7.202. We note at the outset that the general exception contained in Article XX(j) has never been invoked as a defence before a GATT/WTO dispute settlement panel. Article 3.2 of the DSU directs us to interpret

The "Right to Regulate" and ISDS/ICS

There's an interesting exchange on ISDS/ICS between MEP Bernd Lange and EU Trade Commission Cecilia Malmstrom (the latter is a subscriber-only Inside US Trade document). I was particularly interested in Commissioner Malmstrom's explanation of the new "right to regulate" provision (discussed here