International Economic Law and Policy Blog

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Simon Lester

Mega-Regionals and Developing Countries

It turns out that when you have trade negotiations with only a select group of countries, other countries are left out. Often, those who are left out are developing countries. What's the impact of having "mega-regional" trade talks that exclude most developing countries? Some people are

Investor-State Tribunals as Courts of Appeal

This is from Canada's counter-memorial submission in the Eli Lilly NAFTA Chapter 11 case: 213. First, Article 1105(1) requires the NAFTA Parties to accord to investors and their investments the customary international law minimum standard of treatment of aliens. That standard, as has been overwhelmingly affirmed in

Trade in Everything: Medical Marijuana Without the High

Even though marijuana has been legalized here and there, it may be a while before it is traded internationally. But what if there is a new kind of marijuana, one that relieves pain without the high? This is from the Washington Post: In a greenhouse in the mountains of the

Implementing the Seal Products Decision

The European Commission has put forward a proposal for implementing the WTO Seal Products decision. Here's the Commission's summary of the proposal: With regard to the MRM exception, the contested discriminatory treatment can only be remedied by removing the MRM exception from the Basic Regulation as

The CAFTA Labor Complaint: "in a manner affecting trade between the Parties”

As discussed here, one key issue in the U.S. claim against Guatemala under the CAFTA labor provisions is whether that failure to enforce labor laws was done "in a manner affecting trade between the Parties." In its written submission, Guatemala criticizes the U.S. view of this

The CAFTA Labor Dispute: Guatemala's Submission

USTR has posted Guatemala's first written submission in the labor complaint the U.S. brought against Guatemala. (Thanks to Ryan Rainey of Inside US Trade for the tip). There are some interesting issues in there. I'll mention a couple. Role of precedent from other areas of

Is International Law under Assault?

Over at Opinio Juris, there's a post about a new book by Jens David Ohlin, called The Assault on International Law. Here's the publisher's description: International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it?

Tell It To the ISDS Judge

This is from UK business secretary Vince Cable, in remarks at a recent cabinet meeting: Cable acknowledged there have been fears and some myths that US corporates would take the UK to secret tribunals unless all services are privatised under TTIP, but he told colleagues that a reformed investor-state dispute

The Tuna Article 21.5 Dispute

You may have forgotten it was even going on, but lingering out there, waiting to be dissected and analyzed, is the Article 21.5 dispute in U.S. - Tuna II. This should be a very interesting test of whether an environmental measure that affects imports can be implemented in

Qualified Local Content Requirements

Senator Al Franken recently sponsored an amendment to proposed legislation approving the Keystone pipeline that would require the pipeline be built with only American steel and other inputs. Specifically, the amendment stated: "to the maximum extent consistent with the obligations of the United States under international trade agreements, none