This is from the China - Publications Appellate Body report: 237. The United States expresses "some concerns" regarding the Panel's approach to analyzing the "necessity" of China's measures. The United States' concerns relate to a "two step" approach, allegedly

Here are some articulations of the FET standard in the Mesa NAFTA Chapter 11 award: The claimant: 484. ... For Mesa, Article 1105 consists of several components including the duty to act in good faith; fairness and reasonableness; treatment free from arbitrary conduct; transparency; protection against abuse of rights; procedural fairness;

Here's Libertarian Party candidate Gary Johnson talking about the TPP with Glenn Thrush of Politico: THRUSH: ... So the other thing I find fascinating about you, the other wildfire that's really striking in terms of the Trump thing is the free trade stuff. You have been on

That's the title of a new paper by Armand de Mestral and Robin Morgan. Here's the abstract: It is often alleged that the provisions for investor-state arbitration (ISA) are not needed in international trade agreements to protect the interests of foreign investors in developed democracies because

From the Leuven Centre for Global Governance Studies: The Leuven Centre for Global Governance Studies is an inter-faculty interdisciplinary research centre of excellence of the Humanities and Social Sciences at the University of Leuven which conducts research in relation to globalization, governance processes and multilateralism (www.globalgovernancestudies.eu). The Institute

Here are Manfred Elsig, Mark Pollack and Gregory Shaffer writing about the Appellate Body reappointment controversy for the Monkey Cage blog on the Washington Post website: 2) What’s at stake What’s at stake here is not just the fate of Chang but the independence of the international judiciary,

From the SIEL: The Society of International Economic Law (SIEL) is organising its fifth Biennial Global Conference – International Economic Law in a Diverse World – on 7-9 July 2016 at the University of Witwatersrand, in Johannesburg, South Africa. SIEL is a membership organization aimed at academics and academically-minded practitioners and officials

Following up on my earlier post about U.S. allegations that the Appellate Body sometimes says more than it needs to say, here's another point the U.S. makes: Second, in DS430, a dispute in which the United States was the complaining party and prevailed, we noted that

The 16th Annual WTO Law conference is coming up next week. Formerly a BIICL/IIEL production in London, it has moved to Geneva this year and added the Graduate Institute and the SIEL as organizers. From the conference web page: The Annual WTO Conference was originally established in 2000 through

This is the abstract of a new paper by Cass Sunstein: When an agency fails to engage in quantitative cost-benefit analysis, has it acted arbitrarily and hence in violation of the Administrative Procedure Act? At first glance, the question answers itself: Congress sometimes requires that form of analysis, but if