Simon Lester

From the Japan Times: The European Union is insisting on a human rights clause linked to a proposed economic partnership agreement (EPA) with Japan, it was learned Monday. In negotiations between the EU and Japan on a strategic partnership agreement (SPA), which are held in parallel with their EPA talks,

Here's a brief rundown of what's going on in the China - Rare Earths dispute, which involves three separate complaints -- DS431 (US); DS432 (EU); and DS433 (Japan) -- that were merged into one panel proceeding, and resulted in three panel reports circulated in a single document. As we

From the University of Aberdeen: Technology has a key role in addressing the contemporary challenges of society, from health to communications to energy. These are global issues, given the location of key natural resources in developing countries, and the nature of the markets for health, communication and energy.  Development and

As this blog's readers are well aware, I've taken an interest in international investment law in the past few years, and am skeptical of the existing system. My Cato colleague Dan Ikenson has doubts as well.  But beyond our specific criticisms, we would really like to

This is from Roger Alford at Opinio Juris: despite the assumption that international trade disputes must be resolved before the WTO DSB, the existence of broad umbrella clauses in BITs present a promising vehicle for enforcing investment commitments in trade agreements. ... umbrella clauses in BITs could create a private right

From the The Canadian Council on International Law: Combustion: Energy, Resources and Environmental Issues Igniting International Law November 13-15, 2014 - Ottawa, Ontario The Canadian Council on International Law is pleased to announce its 43rd Annual Conference: "Combustion: Energy, Resources, and Environmental Issues Igniting International Law". Practitioners and

Here's an interesting Dormant Commerce Clause case that might come before the U.S. Supreme Court, as described by a Cato colleague of mine: One of the several failures of the Articles of Confederation was the incapacity of the central government to deal with trade disputes among the

This is from the U.S. answers to questions from the arbitrator in the Clove Cigarettes Article 22.6 proceeding: 88. Company documents from Kretek International (“Kretek”), which occupied 97 percent of the market for clove cigarette imports in the United States, substantiate that the current market for clove cigars

The Appellate Body has issued some "guidelines" for employees (AB judges, secretariat staff, interns) to follow after they have left: POST-EMPLOYMENT GUIDELINES IN RESPECT OF FORMER APPELLATE BODY MEMBERS, FORMER APPELLATE BODY SECRETARIAT STAFF, AND FORMER INTERNS AT THE APPELLATE BODY SECRETARIAT The Appellate Body expects the

As everyone has no doubt heard by now, the U.S., Japan and the EU recently won a big victory over China in the Rare Earths case at the WTO. The WTO panel ruled that various Chinese export duties and quotas violated WTO obligations and were not justified by any