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Simon Lester

Globalization Is Not "Hyper" and There Was Never a "Neoliberal Market Fundamentalist Consensus"

Anthea Roberts and Nicolas Lamp are working on a book about "narratives" in international economic law, and Nicolas has written about this on his own already, so I've been thinking a bit about the role and value of narratives. Generally speaking, I'm suspicious of

The MPIA Arbitrator Nominations Are Coming In

The deadline for submitting nominations for the Multi-Party Interim Appeal Arbitration Arrangement pool of arbitrators is May 30. The EU didn't waste any time with their pick, nominating Joost Pauwelyn. First off, let me say congrats to Joost! I can't think of a better choice. Second,

Guest Post: Will the ‘Charnovitz Principles’ Improve Global Health Governance?

This is a guest post by Prof. Ernst Ulrich Petersmann, European University Institute (Florence) Professor Charnovitz is among the few international lawyers who have carefully studied the history - and past governance failures - of international economic law, labor law, environmental and health law in order to elaborate proposals for

Guest Post: Suspending Investor-State Arbitration During the Pandemic

This is a guest post from law professor Ben Heath: There is growing concern in some quarters that international investment law and arbitration will limit national governments’ ability to respond to the Covid-19 pandemic and its economic fallout. Last week saw the rollout of two related but distinct non-governmental initiatives

The Pool of Arbitrators for the MPIA

From the European Commission: Today, the EU and other WTO members have formally notified the ‘Multi-party interim appeal arbitration arrangement’ (MPIA) to the World Trade Organization (WTO). This notification marks the start of the application of the MPIA to disputes arising between the participating WTO members. Annex 2 of the

John H. Jackson Moot Court Competition: Call for Case Authors

ELSA International invites proposals from prospective case authors to write the Moot Court Case for the 19th edition of the John H. Jackson Moot Court Competition, formerly known as the ELSA Moot Court Competition on WTO Law. The Competition is a simulated hearing of a World Trade Organization dispute settlement

A Short History of Buy American Content Requirements in SBA Loans

A couple weeks ago, Steve Charnovitz posted about a domestic content requirement in the U.S. Paycheck Protection Program being run by the Small Business Administration. We discussed the issue a bit in the comments, but I was curious about the origins of the requirement. I asked a Cato intern

Guest Post: Are the ‘Lester Principles’ too ‘neo-liberal’ for a WTO consensus?

Guest Post by Prof. Ernst-Ulrich Petersmann, European University Institute, Florence In his Post of 19 April 2020, Simon Lester made three proposals in order to satisfy the most significant US concerns with the WTO Appellate Body in ways acceptable for the rest of the WTO membership: ‘(1) limiting the scope

U.S. Says It Won't Comply in DS505 (Supercalendered Paper)

Here is a communication from Canada dated April 16 related to the Supercalendered Paper case: The Dispute Settlement Body (DSB) adopted the recommendations of the panel and Appellate Body in US – Supercalendered Paper (DS505) on 5 March 2020. Pursuant to Article 21.3 of the Dispute Settlement Understanding (DSU), the

WTO Dispute Settlement Misunderstandings: How To Bridge the Gap Between the United States and the Rest of the World

When the Uruguay Round of multilateral trade negotiations was completed, the world trading system was transformed in several important ways: A formal institution was created, as the World Trade Organization (WTO) replaced the General Agreement on Tariffs and Trade (GATT) (which had been operating as a de facto institution); the