International Economic Law and Policy Blog

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Simon Lester

The Future of ISDS under the Trump Administration

How will the Trump administration approach ISDS in the coming months (or years)? This is an exchange from today's Senate Finance Committee hearing to confirm Michael Nemelka as Deputy USTR for Investment, Services, Labor, Environment, Africa, China, and the Western Hemisphere (starts at 1:21:15): Grassley: If

SIEL Webinars

From the SIEL: The Society of International Economic Law is delighted to announce the launching of SIEL Conversations, a monthly webinar on international economic law. The aim of SIEL Conversations is to bring together authors and commentators to give talks that are idea-focused so as to foster learning and inspiration,

A Possible Fourth MPIA Case

I previously noted the three WTO disputes where agreed procedures between the parties for using the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) have been circulated. There is now a fourth dispute, Colombia - AD Duties on French Fries (DS591). The agreed procedures in the case are here. The panel was

Additions to the MPIA

There have been two recent additions to the MPIA: One new party and one new arbitrator nomination. The new party is Benin, which notified its decision to join on June 22. The new arbitrator nomination is the great Thomas Cottier. The World Trade Institute had this announcement: Switzerland has nominated

Guest Post: Transnational subsidies II (continued) – WTO concerns over the EU’s Foreign Subsidies White Paper

This is a guest post is from Victor Crochet and Marcus Gustafsson, trade lawyers with Van Bael & Bellis Cross-border subsidies have become a growing source of concern as states increasingly ‘globalize’ the use of subsidies for their commercial or wider strategic advantage. On 17 June 2020, the European Commission

The USMCA Chapter 31 Dispute Settlement Roster Is Set

The roster of panelists for USMCA Chapter 31 state-state dispute settlement is out (the list of rapid response labor panelists for the Canada-Mexico mechanism is here, and for the U.S.-Mexico mechanism is here). Recall that the absence of a roster under NAFTA appears to have been a cause

More from the U.S. on DSU Article 11

At the June 29 DSB meeting, in the context of discussing the Australia - Plain Packaging AB report, the U.S. made the following comment on DSU Article 11 appeals: As the United States has explained, and Members know well, Article 17.6 of the DSU limits an appeal “to

Case Studies in Chinese Economic Pressure

Recently, a trade economist asked me if I had come across a list of instances where the Chinese government had put economic pressure on another government in relation to a non-trade issue. I hadn't seen anything, but it seemed worth digging into, so I put an excellent Cato

Food Regulation, Science, Protectionism, and Regulatory Autonomy/Sovereignty

I feel like the role of science in trade agreements doesn't get enough attention, and I'm always excited to see someone trying to raise the profile of this issue. Here is a question from Congressman Earl Blumenauer at last week's House Ways and Means

Enforcement in the China Phase One Deal

In today's Senate Finance Committee hearing on trade policy, Senator Wyden and Ambassador Lighthizer had this exchange (1:01:55): Wyden: Let's go on then to another key enforcement issue, and that's China Phase One. The first stage of dispute resolution, there is basically