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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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International Economic Law and Policy Blog

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Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

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