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Simon Lester

The Eco Oro Minerals v. Colombia Award: More Evidence that MST/FET Can't Be Salvaged

Over on Twitter, lots of people are talking about the recent investment arbitration award in Eco Oro Minerals v. Colombia. (For Investment Arbitrator Reporter subscribers, a summary of the tribunal's reasoning is here.) I've followed some of the Twitter discussion, but haven't read the

Can Domestic Disputes Over Who Is the Legitimate Government of a Country Be Addressed at the WTO?

What happens if governments raise concerns at the WTO over whether a particular government is a legitimate one? Here is the U.S. statement at the March 26 DSB meeting as summarized in the official minutes: 1.2. The representative of the United States said that, pursuant to Rule 6

The Possibility of Another Section 301 Investigation on Chinese Trade Practices

At the end of the day on Friday, there were a number of news reports about the Biden administration considering a new Section 301 investigation on China, this time focusing on subsidies. Here's Bloomberg: The Biden administration is weighing a new [Section 301] investigation into Chinese subsidies and

Introducing China Trade Monitor

As many of you know, I left Cato as of July 1. Since then, I've been working with my former Cato colleague Huan Zhu to set up a news/analysis website on China trade issues. It's called China Trade Monitor and you can see it here:

ANZSIL International Economic Law Interest Group Workshop

From the ANZSIL International Economic Law Interest Group: The Co-Chairs of ANZSIL’s International Economic Law Interest Group, Dilan Thampapillai and Chris Riffel, are pleased to present the programme of this year’s workshop. The workshop on Monday, 6 Sept, will be via Zoom and non-presenting attendants can register with

Some Quick Reactions to the WTO Panel Report on U.S. - Safeguards on Photovoltaic Products

The WTO panel report on U.S. - Safeguards on Photovoltaic Products was circulated today. Here are a few reactions based on a very quick read of the report. First, it seems like kind of a big deal that a safeguard measure, and in particular a U.S. safeguard measure,

USMCA State-State DS Is Keeping Busy

Panel composition in a second USMCA dispute, on U.S. - Solar Safeguards, was recently announced (the first USCMA dispute panel to be composed was discussed here). The panelists are: * Mario Matus, Chair, by agreement of the disputing Parties * Jennifer Hillman, Appointed by Canada, the complaining Party * Donald M. McRae,

The Place of China in U.S. Foreign Policy After 9/11 and China's WTO Accession

Former State Department official Evan Feigenbaum was recently part of an oral history project on the George W. Bush presidency. I found his comments on that administration's initial focus on China in foreign policy but subsequent shift to the Middle East after 9/11 very interesting. I have

Entries for the 2022 Hart SIEL-HART Prize in International Economic Law open in September 2021

This is from Hart and SIEL: ABOUT THE PRIZE The SIEL–Hart Prize is awarded every 2 years to an outstanding unpublished manuscript by an early career scholar in the field of International Economic Law and is sponsored by the Society of International Economic Law and Hart Publishing. WHAT CAN

A Possible Fifth MPIA Case

I previously noted the four WTO disputes where agreed procedures between the parties for using the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) have been circulated (as well as an agreement to use Article 25 arbitration outside the context of the MPIA). There is now a fifth dispute, China - AD/