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Simon Lester

Simon Lester

Co-founder of WorldTradeLaw.net and China Trade Monitor. Non-resident fellow at the Baker Institute.

http://simonlester.com

Guest Post: TikTok, IEEPA, and CFIUS

This is a guest from Wentong Zheng, a law professor at the University of Florida On August 6, 2020, President Trump issued an executive order entitled Addressing the Threat Posed by TikTok, and Taking Additional Steps to Address the National Emergency With Respect to the Information and Communications Technology and

Guest Post: PPE and the Costs of Section 301 Tariffs

This is a guest post from Ernesto Hernández-López, Professor of Law at the Dale E. Fowler School of Law, Chapman University. He researches international trade and international law. Just as the United States and China agreed to a truce in tariff retaliations with the Phase One Agreement on February

Guest Post: A Response to Lighthizer on Third Party Adjudication

This is an anonymous guest post that responds to a recent op-ed by U.S. Trade Representative Robert Lighthizer. [Note: Some people’s work means that they prefer to discuss such issues on a non-attributable basis, and there have been many anonymous comments on this blog over the

DSU Article 11 and Appellate Review: Past, Present, and Future

DSU Article 11 provides the following: Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the

ISDS in a U.S.-Kenya FTA

It's one thing not to have ISDS in a U.S.-UK FTA, but what about in a U.S. FTA with Kenya? Investment in developing countries is what people who worry about risks associated with foreign investment seem to worry most about. This came up recently at

USTR Is Hiring People for USMCA Labor and Environment Enforcement

This is a question from Senator Grassley to U.S. Trade Rep. Lighthizer at the Senate Finance Committee Hearing on The President’s 2020 Trade Policy Agenda, from June 17, 2020: In the USMCA implementing bill, Congress provided USTR a significant increase in funding. We must continue to assess the

The MPIA Pool of Arbitrators Has Been Announced

Here: ... the Multi-Party Interim Appeal Arbitration Arrangement pursuant to Article 25 of the DSU is composed of the following persons: • Mr Mateo Diego-Fernández ANDRADE • Mr Thomas COTTIER • Ms Locknie HSU • Ms Valerie HUGHES • Mr Alejandro JARA • Mr José Alfredo Graça LIMA • Ms Claudia OROZCO • Mr Joost PAUWELYN • Ms

Guest Post: Appointing Appellate Body Members by Majority would Undermine, Not Preserve the Rule of Law

This is a guest post from law professor Geraldo Vidigal: I just had an exchange with Henry Gao on his post below and thought it could be useful to develop on the issue here. Gao argues that the WTO Ministerial Conference should move to appoint a WTO Director-General by

What Exactly Did Biden Say About ISDS?

A couple days ago, I posted about Biden's responses to trade questions from the United Steelworkers. Here's what he said about ISDS: I don't believe that corporations should get special tribunals that are not available to other organizations. I oppose the ability of private

Biden Responds to Steelworkers on Trade

Presidential candidate Joe Biden has responded to questions from the United Steelworkers here. There were some interesting questions and answers on trade. The whole exchange is below, but here are a few highlights: -- It seems pretty clear that ISDS will not be in future Biden trade agreements. -- He finessed the