Simon Lester

I was struck by this paragraph of the WTO panel report in the Article 21.5 tuna case: 7.197. ... Mexico appears to accept that, as the Appellate Body found, the system currently in place in the ETP fully addresses the risks posed to dolphins by setting on dolphins in

I'm a little confused by this aspect of the China - Australia FTA, still under negotiation: AUSTRALIA'S biggest-ever bilateral trade deal is set to grow much bigger, with China agreeing to a special ratchet clause that will ensure that future benefits conferred to other countries will

The panel report is out. Here are the key findings: 8.2. With respect to Mexico's claims under Article 2.1 of the TBT Agreement, the Panel concludes that: a. the eligibility criteria in the amended tuna measure do not accord less favourable treatment to Mexican tuna and

This is from a new paper by Markus Wagner on regulatory space in trade and investment law: The situation with respect to the TBT Agreement has recently been clarified to a certain extent through a number of WTO decisions.  These disputes arose in quick succession after a relative dearth of

From the Journal of World Investment & Trade: Since the time that the Calvo doctrine held sway, Latin America’s ambivalent relationship to investor-state dispute settlement has not ceased to elicit discussions and debates and generate a string of scholarly writings. Recently the region’s multiple responses to investment arbitrations,

If there ever is a TTIP, and if it has ISDS, would Uber have a case against the actions of various EU member states based on this: Uber Technologies Inc., which has faced a mounting regulatory backlash to its rapid growth in Europe, said this week it had filed complaints

From the University of Ottawa: The Common Law Section invites applications for three tenure-track positions, commencing at the level of Assistant Professor.  A more experienced candidate may be considered for a position at a higher level. Applicants currently employed in legal education elsewhere are encouraged to contact the Dean directly

From the folks at Georgetown Law: Editorial Assistant Position with the Journal of International Economic Law (JIEL)  The Journal of International Economic Law is currently collecting recommendations or applications from persons who might wish to take on the position of Editorial Assistant to the Journal of International Economic Law (JIEL)

This is from law professor Alan Sykes: The prohibited subsidies categories are unsound As noted, import substitution subsidies and export subsidies are automatically “specific” and prohibited under WTO rules (ASCM Article 3). Neither prohibition makes much economic sense. Import substitution subsidies are those “contingent (in whole or in part) upon

If an Appellate Body report falls in the woods, and no one is there to hear it, does it have any precedential value?  I ask because the Appellate Body issued a report yesterday, and no one seemed to notice.  Usually, there is at least some brief reporting by Reuters and