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A Booby-Trapped Approach to Reforming Investor State Dispute Settlement Part II

In my previous post I took issue with what appears to be the basic premise of super-arbitrator Kaufmann-Kohler's approach to creating a multilateral investment court: because of the overriding importance of maximum enforcement instruments for investors, a multilateral tribunal can't deviate too much from "arbitration&
Rob Howse 02 Mar 2017 2 min read

Gabrielle Kaufman-Kohler:A Booby-Trapped Approach to Reforming Investor-State Dispute Settlement Part I

Currently the European Commission and Canada are at the forefront of an initiative to replace traditional investor-state arbitration with a multilateral investment court.  The latter would likely include a true appellate mechanism, serious rules on arbitrator ethics and against conflict of interest, judges who are qualified in public international law
Rob Howse 02 Mar 2017 4 min read

The U.S. National Trade Policy Agenda for 2017

The FT has a copy here. It is being portrayed as more evidence of the U.S. planning to move away from the WTO, and perhaps it is, but to be honest the language is not as radical as I expected.  Yes, there are mentions of "sovereignty" and
Simon Lester 01 Mar 2017 1 min read

The Trump Administration and WTO Disputes

This is from the FT: The Trump administration is exploring alternatives to taking trade disputes to the World Trade Organisation in what would amount to the first step away from a system that Washington helped to establish more than two decades ago. Incoming officials have asked the US Trade Representative’
Simon Lester 27 Feb 2017 1 min read

Exceptions from the Fair and Equitable Treatment Obligation

Over on twitter, my friend Colin Brown and I were discussing exceptions clauses in international investment agreements.  When I suggested that it was important to have such exceptions apply to the fair and equitable treatment obligation, he asked, "but why would one need an exception from failure to provide
Simon Lester 26 Feb 2017 3 min read

Annual Conference on WTO Law-- Call for Papers (Deadline Mar. 1)

The deadline for submissions is fast approaching. Please submit your paper or abstract proposal by next Wednesday, March 1st. For details please see the call for papers here. About the conference: The Graduate Institute’s Centre for Trade and Economic Integration and Georgetown University’s Institute of International Economic Law
Inu Manak 24 Feb 2017 1 min read

The UK Is Hiring Trade Lawyers

Details are here. Some highlights: * The deadline to apply is Wednesday 8 March. * You will not be alone. It says, "NUMBER OF POSTS: Up to 17" * Not that I am buying this, but it says, "For those working full-time, you will be expected to work a five-day
Simon Lester 24 Feb 2017 1 min read

How Canada Can Help Get CETA Ratified

This is from the CBC: The first Canadian troops will arrive in Latvia in June, kicking off a much-anticipated NATO deployment to restrain potential Russian ambitions in eastern Europe, Gen. Jonathan Vance said Friday. Roughly 450 Canadians will form the backbone and leadership of a multinational battle group that will
Simon Lester 24 Feb 2017 1 min read

Update on the Trade Deficit Recalculation

This is from Inside US Trade: Trump administration officials this week defended the current methodologies applied to collect and present U.S. trade data and statistics, and dismissed as “completely inaccurate” a report by the Wall Street Journal that claimed U.S. agencies are considering changing those methodologies. Last week&
Simon Lester 22 Feb 2017 3 min read

International Law Weekend—South Conference (March 2-3, 2017)

Texas A&M University School of Law, in cooperation with the American Branch of the International Law Association (ABILA) and co-sponsored by the American Society of International Law (ASIL), present International Law Weekend—South: "The Global Future of International Trade, Human Rights, and Development," March 2-3, 2017,
Inu Manak 22 Feb 2017 1 min read

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Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

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