Simon Lester

And finally, one last claim addressed by the Commission in defense of  investor state: Claim: Investors should not be allowed to challenge governments directly in international law. Only governments should be able to act against each other, via state-to-state dispute settlement. The Commission responds that: It is investors

The third claim related to investor state that the European Commission addresses is the following: Claim: Investor-state dispute settlement undermines public choices (e.g. Vattenfall challenging the German moratorium on nuclear power, Philip Morris challenging Australia’s plain packaging regime for cigarettes) The Commission then distinguishes the remedies under

Here's another "incorrect claim" about investor state that the European Commission responds to: Claim: Investor state dispute settlement gives too many rights to companies The Commission response is, "Wrong!"   In fact, the Commission says, such rights are "limited," as they are restricted

I mentioned that, having taken the EU side on issues related to regulatory trade barriers, I would criticize the EU soon, to make sure that this blog is "fair and balanced". So here goes. The European Commission has posted a short document in which it defends investor state

I've been excited to look at a number of aspects of the Canada - EU Comprehensive Economic and Trade Agreement (CETA), including regulation, investment and IP.  So I was excited to see the news reports this week that it was almost done.  Then today there were headlines like this:

Following-up on my post last week about the dueling U.S./EU speeches on "regulatory trade barriers", here's an excerpt from an op-ed we wrote on these issues: ... The EU focus on tackling existing and future regulatory divergences, as opposed to domestic regulatory reform,

From a recent news report: Missouri Gov. Jay Nixon on Friday halted what was to have been the first U.S. execution to use the popular anesthetic propofol, following threats from the European Union to limit the drug's export if it were used for that purpose. Nixon also

Via Benn McGrady, here's an op-ed from trade lawyer Simon Lacey explaining his advice to the Indonesian government on whether to file a WTO complaint against Australia's plain packaging law: A few months ago I was asked to provide a legal opinion on whether or

A couple weeks ago, I mentioned the different views of the US and EU on how the TTIP talks should deal with regulatory issues. Now we have dueling speeches by the head trade officials of each side. In a nutshell, as set out by US Trade Representative Mike Froman, the

We talked about the EU's proposed Tobacco Products Directive here, here, and here.  The EU measure is moving ahead, and here are some details about what they will be doing: - The sale of cigarettes in packets of 10 is expected to be banned by 2016 - Menthol cigarettes are