International Economic Law and Policy Blog (Page 128)

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UNCITRAL and ISDS Reforms: The Divided West and the Battle by and for the Rest

First published on EJIL: Talk! by Anthea Roberts and Taylor St. John* The UNCITRAL debates over ISDS reforms can serve as a real-world laboratory for observing changes in the national interests and policies of different countries, as well as shifts in their geopolitical weight and alignments. As part of

Guest Post: Trade, Security, and Stewardship (Part II): Making Legal Space to Adjudicate Security Matters

This is a guest post from Ben Heath, Acting Assistant Professor of Lawyering at NYU Law In Part I of this series, I introduced the idea that the Russia — Transit report embeds a conception of the dispute settlement system as a steward of the WTO rules. As I noted in

UNCITRAL and ISDS Reforms: Hastening slowly

First published on EJIL: Talk! by Malcolm Langford and Anthea Roberts* UNCITRAL’s Working Group III on investor-state dispute settlement (ISDS) reform continues to attract substantial and growing interest. In the first week of April 2019, a record number of states and observers descended on New York to clarify

Guest Post: Trade, Security, and Stewardship (Part I): The Russia — Transit report’s vision of WTO dispute settlement

This is a guest post from Ben Heath, Acting Assistant Professor of Lawyering at NYU Law On April 26, the WTO Dispute Settlement Body adopted the first-ever panel report to interpret the “security exception” to the General Agreement on Tariffs and Trade. This exception allows each member state to

The Role of Panel and Appellate Body Rulings as Precedent: Suggestions from Thailand

This is from a draft General Council decision communicated to the WTO by Thailand: E. The precedential effect of previous panel and Appellate Body reports: 16. Under Article 3.2 of the DSU, the role of panels and the Appellate Body is to preserve the rights and obligations of Members

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

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

Call for Papers-- The Law of the Blue Economy: International and South Asian Perspectives

This is from the South Asia International Economic Law Network (SAIELN): The South Asia International Economic Law Network (SAIELN) is pleased to announce a call for papers for its biennial conference on “The Law of the Blue Economy: International and South Asian Perspectives”. The network is a freestanding body associated