In a recent post here, I commented on the absence of Fair and Equitable Treatment and protection against expropriation from the text on investment in the recently released (thought not finalized) Japan-EU Economic Partner Agreement (JEEPA), speculating that this might be seen as a shift to a focus on

USTR has just published the Trump administration's NAFTA negotiating objectives here. Many of them will look familiar, as they are a standard part of U.S. trade negotiations.  Here are some examples: Investment - "Secure for U.S. investors in the NAFTA countries important rights consistent with U.

This is from the Trade and Sustainable Development chapter of the Japan-EU Economic Partnership Agreement (JEEPA), circulated by the EU last week: Article 4 Multilateral environmental agreements ... 4. The Parties reaffirm their commitment to achieving the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC). The

How much does ISDS litigation on tobacco regulation cost?  And who has to pay? This was from the Philip Morris v. Uruguay tribunal: 588. In view of the outcome of the case and the significant disproportion between the Parties’ respective costs, the Tribunal deems it fair and reasonable that the

The Japan-EU trade deal, the JEEPA, has many facets and implications-economic, geopolitical and legal. On its own, the text of the investment chapter merits attention.   The EU and Japan seemed to have scrapped the classic BIT/investor protection architecture as a model, and instead designed a set of

The conclusion of an “Agreement in Principle” on the Japan-EU Economic Partnership Agreement (JEEPA) is being heralded by many as a major victory for free trade. Despite growing concerns about a rise in protectionism, the EU and Japan are trying to buck this trend. Beyond the big picture, however,

In June 2017, Foreign Affairs published a piece entitled “Will Economic Globalization End? Foreign Affairs Asks the Experts.” In it, the editors explained that they had decided to ask a “broad pool of experts” for their take and so, as with previous surveys, they approached “dozens of authorities,” some with

Inside US Trade has some KORUS news: Following President Trump's promise to renegotiate the U.S.-Korea free trade agreement “right now,” an administration official told Inside U.S. Trade the Office of the U.S. Trade Representative will formally request that both countries' joint committee convene

The Centre for International Law at the National University of Singapore is pleased to announce a call for papers for a workshop, entitled “International Investment Treaties and National Governance”, which shall take place on 16 -17 November 2017 in Singapore. Please submit a 1-page abstract (no more than 500

This is from a Q & A with Meg Kinnear, Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID): We have seen some anti-investment arbitration sentiment in the global press; what are the main misconceptions about ISDS? There are a number of fundamental misconceptions. For example,