International Economic Law and Policy Blog (Page 144)

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Trump on the NAFTA Sunset Clause

This is from Trump's press conference at the G7 meeting: Q Are you close to a deal on NAFTA? Your Press Secretary said (inaudible). THE PRESIDENT: So two things can happen on NAFTA. We’ll either leave it the way it is, as a threesome deal with Canada

Comments by Steve Charnovitz on 232 Autos Investigation Filed 8 June 2018

Comments by Steve Charnovitz on US Department of Commerce Section 232 Investigation of Automobiles, DOC-2018-0002 June 8, 2018 As I noted in my April 26, 2017 comments on the 232 Steel investigation, “the idea that imports of goods, services, or capital could undermine national security is farfetched”[1]

Third Party Funding of ISDS Litigation

Frank Garcia sends the following: "Thanks to Anthea Roberts for enhancing UNCITRAL's own transparency efforts regarding the recent working group meeting in New York, and posting such a treasure trove of State comments. I and a team of Boston College Law students were also in New York

UNCITRAL and ISDS Reforms: Concerns about Costs, Transparency, Third Party Funding and Counterclaims

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns about investor-state dispute settlement. To facilitate discussions about the desirability of reforms and their potential nature, we

Canada's "As Such" Complaint Against Section 232

This is from Canada's consultations request on the Section 232 tariffs: In addition, Section 232 of the Trade Expansion Act of 1962 and its associated regulations appear to be "as such" inconsistent with Articles I:1 and II:1 of the GATT 1994 and does not

UNCITRAL and ISDS Reforms: Concerns about Arbitral Appointments, Incentives and Legitimacy

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns about investor-state dispute settlement. To facilitate discussions about the desirability of reforms and their potential nature, we

UNCITRAL and ISDS Reforms: Concerns about Consistency, Predictability and Correctness

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns about investor-state dispute settlement. To facilitate discussions about the desirability of reforms and their potential nature, we

UNCITRAL and ISDS Reforms: What are States’ Concerns?

What are states’ concerns about investor-state dispute settlement (ISDS)? To help answer that question, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions. To facilitate discussions about the desirability of reforms and their potential nature,

Incremental, Systemic, and Paradigmatic Reform of Investor-State Arbitration

Want to understand the UNCITRAL debates about ISDS reform? I’ve put the draft of my new AJIL essay on “Incremental, Systemic, and Paradigmatic Reform of Investor-State Arbitration” up on SSRN. This essay complements a great forthcoming AJIL article by Greg Shaffer & Sergio Puig on “Imperfect Alternatives: Institutional

"Advisory Opinions" in WTO Panel/AB Reports

This is from the U.S. statement at the DSB meeting on Monday (footnotes omitted): 10. EUROPEAN UNION – COUNTERVAILING MEASURES ON CERTAIN POLETHYLENE TEREPHTHALATE FROM PAKISTAN A. REPORT OF THE APPELLATE BODY (WT/DS486/AB/R AND WT/DS486/AB/R/ADD.1) AND REPORT OF THE PANEL (WT/DS486/