Sign in Subscribe

Simon Lester

Simon Lester

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

http://simonlester.com

The First MPIA Appeals?

The WTO has just posted three sets of agreed procedures for arbitration under DSU Article 25, that is to say, procedures for appeals through the Multi-Party Interim Appeal Arbitration Arrangement (MPIA). The cases involved are Canada - Sale of Wine (DS537), Costa Rica - Avocados (DS524), and Canada - Aircraft (DS522). The

Is the Trump Administration Just Being Legal Realist?

I was intrigued by something former USTR general counsel Stephen Vaughn said in his Trade Talks podcast last November: there's an old school of law that goes back to the 20s at Yale called Legal Realism, and the Legal Realists were people who believed that what matters is

Another MPIA Arbitrator Nomination

This is an announcement from New Zealand last week: The New Zealand Ministry of Foreign Affairs and Trade today announced Dr Penelope Ridings as New Zealand’s nomination for the pool of arbitrators established under the WTO interim appeals arrangement. The Ministry welcomes the Cabinet decision to nominate Dr Ridings

Theorizing Precedent in International Law

In light of the discussions of precedent in the previous two posts, I thought it might be worth posting something from a piece by law professor Harlan Cohen entitled Theorizing Precedent in International Law (I think he has more coming on this issue): The ingredients discussed in Part III—sources,

The Arguments Before the Appellate Body on "Precedent" in U.S. - Stainless Steel (Mexico)

The "cogent reasons" standard set out by the Appellate Body in U.S. - Stainless Steel (Mexico) (see paras. 154-162) has come under a great deal of criticism. But I think it's worth taking into account what the Appellate Body was hearing from the participants to

Precedent in GATT Dispute Settlement

There has been a lot of talk recently about how the Appellate Body has elevated its past rulings to the level of "binding precedent," and this is in contrast to how things worked with GATT panels. Senator Hawley was picking up on that point when he said the

Two More Countries Join the MPIA

The Multi-Party Interim Appeal Arbitration Arrangement Pursuant to Article 25 of the DSU is up to 21 participants now: Ecuador and Nicaragua just joined. Other governments can join whenever they want, but if they want to be eligible to nominate candidates for the pool of arbitrators, they have 10

PEPA/SIEL Online International Economic Law Research Marathon 2020

The Postgraduate and Early Professionals/Academics (PEPA) Network of the Society of International Economic Law (SIEL) and the Hebrew University of Jerusalem Faculty of Law are thrilled to announce the PEPA/SIEL Online International Economic Law Research Marathon 2020. The Virtual Conference, which for the time being replaces the postponed

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.