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Clues About Trump's ISDS Policy

Lots of people are asking about what the Trump administration will do with investment treaties and investment chapters of FTAs.  Will their sovereignty concerns mean they reject ISDS?  Or will their pro-business views mean they support ISDS? This from the LA Times is one of the first reports of
Simon Lester 28 Mar 2017 1 min read

DS461 is Confusing

Compliance review in the DS461 dispute, Colombia - Textiles, is proceeding in the strangest order I can remember seeing.  Keep in mind that Panama was the complainant and Colombia was the respondent in the underlying dispute. Here's the timeline of the compliance part: February 9, 2017: Panama proposes suspension
Simon Lester 28 Mar 2017 1 min read

Keystone XL Part 2: Nebraska

As I mentioned here last week, TransCanada's NAFTA Chapter 11 claim is now over, after the State Department issued a Presidential permit for building the Keystone XL pipeline.  The transcript of President Trump talking about this with TransCanada's CEO is here, and the ICSID web site
Simon Lester 28 Mar 2017 1 min read

Eli Lilly v Canada: A Pyrrhic Victory Against Big Pharma

It is a well-known story that Big Pharma aggressively uses trade negotiations, political lobbying, and domestic and international litigation (and the threat thereof) to expand the monopoly rents it gains from patent protection, and defeat the effort of states to limit intellectual property rights in the public interest, whether
Rob Howse 26 Mar 2017 5 min read

What ICSID Does When a Human Rights Victim Tries to Get Justice There: Victor Pey Casado and the Allende Foundation v Chile

Given my concerns about ISDS and its effects on the policy space of states, sometimes people are surprised to learn that I have consulted to the investor's counsel in a number of these disputes.  The fact is, though, that sometimes the investor happens to be the good guy,
Rob Howse 24 Mar 2017 3 min read

President Trump on ISDS (Sort Of)

OK, not really on ISDS, but touching on ISDS to a very slight degree. Here's what he said a couple days ago: I’ve cleared the way for the Dakota Access and Keystone XL pipelines -- and added a requirement that American pipelines be constructed with American steel.  That
Simon Lester 23 Mar 2017 2 min read

Event on Socio-Legal Methodologies at the University of Warwick

From the Centre for Law, Regulation and Governance of the Global Economy (GLOBE) at the University of Warwick: On Tuesday, 16 May 2017, the Centre for Law, Regulation and Governance of the Global Economy (GLOBE) at the University of Warwick, as part of the International Economic Law in Context Seminar
Inu Manak 23 Mar 2017 1 min read

Should the U.S. Have a Model Trade Agreement?

This is from Secretary of Commerce Wilbur Ross at his confirmation hearing (sorry about the all caps -- that's how it was at the link and I don't feel like retyping it): BUT I WOULD HOPE THAT IF CONFIRMED I CAN CONTRIBUTE TOWARD DESIGNING KIND OF A
Simon Lester 21 Mar 2017 1 min read

Lighthizer's Responses to Senate Questions

Here are a few answers from USTR nominee Robert Lighthizer to written questions from Senators (via Inside US Trade): The European Union is the top export markets for the United States. At the same time, U.S. businesses and farmers face significant barriers to the EU market. The Obama Administration
Simon Lester 21 Mar 2017 3 min read

What To Make of the G20?

This is from the FT: Finance ministers from the world’s biggest economies have dropped pledges to renounce protectionism in a meeting marked by tension over trade between the US and others including China. G20 finance ministers meeting in the German resort town of Baden-Baden noted the importance of
Simon Lester 19 Mar 2017 1 min read

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International Economic Law and Policy Blog

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Featured

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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