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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
Anthea Roberts 06 Jun 2018 22 min read

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
Anthea Roberts 05 Jun 2018 24 min read

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,
Anthea Roberts 05 Jun 2018 21 min read

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
Anthea Roberts 04 Jun 2018 2 min read

"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/
Simon Lester 04 Jun 2018 4 min read

Memo to the Trump Administration: The Sunset Clause is a Lost Cause

Here's a tweet from Daniel Dale of the Toronto Star: Trudeau says he wanted to meet with Trump to resolve NAFTA, but Pence told him that he couldn't meet with Trump unless Canada accepted an auto-termination "sunset clause" in the deal. He said
Simon Lester 31 May 2018 1 min read

Farewell Speech of Appellate Body Member Ricardo Ramírez-Hernández

You can read the full farewell speech by Appellate Body Member Ricardo Ramírez-Hernández here. There's a lot of good stuff in it. This is an excerpt, with some comments from me thrown in here and there: Now I'm going to share with you some thoughts
Simon Lester 30 May 2018 9 min read

Tony Blair on "What do to about Brexit?"

Here is something Tony Blair said on Fareed Zakaria's TV show last week-end: ZAKARIA: What do do about Brexit? BLAIR: Well, I would still like to see it changed. I mean, I think that the truth is there is no answer to the fundamental dilemma. So in
Simon Lester 30 May 2018 2 min read

Will the U.S. - China Trade Deal Violate MFN?

This is from the FT: Washington is pressing Beijing to enter into multiyear contracts to buy US agricultural and energy imports as part of a broader trade deal aimed at reducing the $337bn bilateral trade deficit with China. But the move could mean taking Chinese business away from key US
Simon Lester 27 May 2018 2 min read

The EU General Data Protection Regulation

The GDPR is coming into force soon and I'm trying to sort out the consequences in general and for this blog in particular. With regard to this blog, over 2,000 people have signed up for email notifications, and presumably some of those people are from an EU
Simon Lester 24 May 2018 1 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

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