Simon Lester

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.

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’

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

From Andrew Newcombe: Dear Colleagues In the coming days you will see that italaw.com has been redesigned.   In addition to a more contemporary look, over the coming months I am planning to expand site content to include different types of international investment law cases.  With the support of Investor-

One of the claims in the the latest WTO complaint, brought by Indonesia against a U.S. AD/CVD measure, is the following: The United States' imposition of anti-dumping and countervailing duty orders appears to be inconsistent with at least the following provisions of WTO law: ... With respect

Here's more from the ISDS in TTIP debate between Lauge Poulsen, Jonathan Bonnitcha, Jason Yackee, on one side, and Freya Baetans, on the other. Poulsen, Bonnitcha, and Yackee say the following: While the high quality of the US judicial system (and US laws) concerning foreign investors is beyond

There's a good back and forth on ISDS in TTIP between Lauge Poulsen, Jonathan Bonnitcha, Jason Yackee, on one side, and Freya Baetans, on the other.  I'm going to get 4 or 5 blog posts out of all this! I'll start with something from

This is from three well-known labor economists, writing in support of the TPP: If passed, the TPP also would create a powerful template for future trade deals, including with China, which would move the U.S. closer to resolving conflicts the WTO has been unable to handle. Consider, for

The Appellate Body has announced a change related to how it approaches summaries of parties' arguments in its reports: The Appellate Body intends to continue the practice of asking participants in appeals to submit executive summaries of their written submissions. The deadlines for filing such summaries will also remain

Continuing with the theme of issues I think are interesting, but few people are talking about, let me raise again the question of whether there should be a TPP Secretariat. This is from Deborah Elms: The TPP requires a robust Secretariat to ensure the long-term health and success of