International Economic Law and Policy Blog

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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

The U.S. Rebuttal Submission in the CAFTA Labor Case: In a Manner Affecting Trade

The U.S. - Guatemala CAFTA labor case is heating up. I'm going to raise the "in a manner affecting trade" issue once again. Recall that CAFTA Article 16.2.1(a) says: A Party shall not fail to effectively enforce its labor laws, through a sustained

Even Stricter Seal Products Bans

From the CBC (via Lawrence Friedman): A woman from Corner Brook is learning about the high cost of fashion after she was fined US $250 on Monday for trying to cross the border with a sealskin purse. In early March, Nora Fitzgerald and her friend decided to drive across the

More from the Draft Indian Model BIT: Exceptions

Here's one more provision from that draft Indian model BIT: Chapter V – Exceptions Article 16: General Exceptions 16.1 Nothing in this Treaty precludes the Host State from taking actions or measures of general applicability which it considers necessary with respect to the following, including: (i) protecting public

Indian Reforms to Minimum Standard of Treatment and National Treatment

The draft Indian model BIT (PDF is here), which I just heard about (from Mona Pinchis), has some new language on minimum standard of treatment: Chapter II: Obligations of Parties Article 3: Standard of Treatment 3.1 Each Party shall not subject Investments of Investors of the other Party to

ACWL Job Opening

This is a great opportunity to work on WTO disputes, in Geneva, with a really good group of people: The Advisory Centre on WTO Law (ACWL) is seeking to fill a vacancy for one of our positions of Counsel. We are looking for a lawyer with approximately one to three

Bilcon NAFTA Chapter 11 Award: FET Issues

Some people are surprised that I am so obsessed with concerned about ISDS. I've tried explaining it in various ways, but I've had trouble getting my point across. I think the Bilcon decision from last week can help me clarify. (Investment Arbitration Reporter explains the case

China's Market Economy Status in 2016

From trade lawyer Bernard O'Connor: So, as Shakespeare might have said, to conclude this little tale: 1) China agreed in 2001 when it joined the WTO that it was not a market economy. 2) There is nothing in Article 15 giving China the status of a market economy

Clayton/Bilcon NAFTA Chapter 11 Award: National Treatment Issues

Today's big ISDS news is the NAFTA Chapter 11 award in the Clayton/Bilcon case (award here, dissent here). The tribunal found violations of Article 1105 (minimum standard of treatment) and Article 1102 (national treatment). The dissenter focused his reasoning on Article 1105, but dissented from both findings.

ISDS as a Way to Avoid Unfair Domestic Courts

This is from Freya Baetans, writing in response to Poulsen, Bonnitcha, and Yackee: one type of risk that is certainly present in several EU member states relates to the possibility of not being granted a fair trial before a domestic court. According to a recent country ranking of ‘judicial independence’

Will Plain Packaging Spread to Other Products?

This is from Inside U.S. Trade: Indonesia’s Ambassador to the World Trade Organization Iman Pambagyo last week signaled that a win for an Australian law requiring plain packaging of cigarettes as an anti-smoking measure could lead his country to introduce a similar measure for alcoholic beverages. ... No