International Economic Law and Policy Blog

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Simon Lester

NAFTA/USMCA State-State Dispute Settlement Panels

This question (asked by Senator Ron Wyden) is from the U.S. Senate Committee on Finance Questions for the Record for Ambassador Robert Lighthizer, as part of a recent hearing: Question 15 The revised NAFTA includes some clear improvements over the status quo, especially in the Digital Trade chapter. But

CETA ISDS Upheld by CJEU

In an opinion released today, the European Court of Justice concluded that: "The mechanism for the resolution of disputes between investors and States provided for by the free trade agreement between the EU and Canada (CETA) is compatible with EU law." This is from paras. 151-161 of the

China and the WTO E-Commerce Talks

In a recent communication related to the Joint Statement on Electronic Commerce in Davos, China said the following: 4.1. Along with the new opportunities provided by electronic commerce, issues such as cyber security, data safety and privacy are increasingly highlighted, bringing unprecedented security risks and regulatory challenges to Members.

The Role of Appellate Body Rulings as Precedent: Suggestions from Japan and Australia

This is from a communication from Japan and Australia: 2 DRAFT DECISION The Dispute Settlement Body, Having regard to paragraph 1 of Article 2 and Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Affirming that recommendations and rulings made by the DSB are

Toning Down WTO Precedent

This is from last week's China - TRQs panel report: 6.20. The United States requests that the reference to a "well-established principle in WTO case law" in paragraph 7.212 be deleted, since it could be "misunderstood as indicating that prior panel and appellate

Contracting Party vs. Member

This is from last week's China - TRQs panel report: 6.18. The United States requests that the term "contracting party" be replaced by the term "Member" in paragraph 7.187.120 China has not commented on this request. We note that the term

Guest Post: Might WTO Law Prevent Climate Change Mitigation Affecting Agricultural Trade?

This is a guest post from Christian Häberli of the World Trade Institute The Great Taboo – Or will somebody please tell me where I am wrong? The multilateral trading system is presently facing what some observers call an existential crisis with possibly dramatic consequences. So much so that nobody finds

New Book on EU Trade Law

U.S. trade policy is grabbing most of the headlines these days, but EU trade policy has seen some big changes as well. Rafael Leal-Arcas sends the following summary of his new book on EU Trade Law: This book is an attempt to do a thorough chronological analysis of the

Would the New NAFTA Reduce Policy Uncertainty?

This is a key passage from the ITC's USMCA report: Provisions That Reduce Policy Uncertainty for International Data Transfer, Cross-border Services, and Investment Many of the provisions in USMCA represent commitments to maintaining current regulatory conditions. In many of these cases, firms have operated under regulatory conditions in

The ITC's USMCA Report: Reducing "Policy Uncertainty" is the Key Factor

This seems to be a key part of the ITC's USMCA report (pp. 43, 58): Of the eight USMCA components included in the economy-wide model, provisions that reduce policy uncertainty about international data flows, cross-border services, and investment, as well as certain automotive rules of origin, have the