International Economic Law and Policy Blog
  • Home
  • About
  • WorldTradeLaw.net
Sign in Subscribe

ISDS Discussion at Cato

We are hosting a discussion at the Cato Institute on the politics of investment treaties in developing countries, on Friday, April 15th at 4:30-6:00. The discussion will take as its starting point a new book by Lauge Poulsen, entitled "Bounded Rationality and Economic Diplomacy: The Politics of
Simon Lester 21 Mar 2016 1 min read

Trade as a Value

In a recent talk at a European Community Studies Association conference in Salzburg on CETA, TTIP and TISA, Lorand Bartels said something along these lines (sorry, no link, but Lorand assures me he said it!): Trade is not the most important value and the GATT exceptions say that other values
Simon Lester 20 Mar 2016 1 min read

CETA ISDS: Assisting the Tribunals

Let's say that, eventually, CETA comes into force, and the new version of ISDS with an international investment court tribunal, as well as an appellate tribunal, is in effect. Presumably, the members of these tribunals will need some assistance with their work. Here's where CETA suggests
Simon Lester 17 Mar 2016 1 min read

Proposed Retaliation Amount in Tuna

Mexico has moved forward in the Tuna WTO proceedings, announcing its proposed amount of retaliation: In accordance with Article 22.2, Mexico requests authorization from the DSB to suspend the application to the United States of tariff concessions and other related obligations in the goods sector under GATT 1994 in
Simon Lester 17 Mar 2016 1 min read

More on the Economic Benefits of Removing Non-Tariff Barriers

Here is an exchange from a New Zealand parliamentary hearing on the TPP: Clark: On that point, the non-tariff barrier portion of the argument—the analysis, or the modelling, seems to have gone to a view that, crudely characterised as “Think of a number and then halve it.” in terms
Simon Lester 15 Mar 2016 1 min read

More on Frivolous ISDS Claims

Here is the abstract of a new paper from Krzysztof Pelc, entitled "Does the Investment Regime Induce Frivolous Litigation?": The treatment of foreign investment has become the most controversial issue in global governance. At the centre of the controversy lies the mechanism of investor-state dispute settlement (ISDS), which
Simon Lester 15 Mar 2016 2 min read

H-1B Visas

Apparently, I am going to have to learn a bit more about H-1B visas. They are the subject of a new Indian WTO complaint against the U.S., which I may have something to say about next week. And they came up in last night's Republican presidential debate:
Simon Lester 11 Mar 2016 3 min read

Frivolous and Unfounded Claims under CETA ISDS

Here is a recent @Trade_EU tweet: "CETA has a fast track system for rejecting unfounded or frivolous investment protection claims – in a matter of weeks!" The CETA provisions they are referring to are the following: Article 8.32 Claims manifestly without legal merit 1. The respondent may,
Simon Lester 11 Mar 2016 1 min read

Regulating Pesticides

This is from an article on the EU regulation of certain pesticides, in the latest issue of the Economist: MORE herbicides contain glyphosate, a weedkilling chemical, than any other agent. Monsanto, an agricultural giant, first sold Roundup, a product containing the stuff, to farmers in the 1970s. Since then use
Simon Lester 08 Mar 2016 2 min read

Trade in Everything: Lion Hunting Services

From the Washington Post a few weeks ago: They call it canned hunting. South African ranchers breed lions in captivity, from cubs to adults, then release them just after the arrival of a hunter who pays about $15,000 for a kill. Sometimes the animal is drugged to make it
Simon Lester 08 Mar 2016 1 min read

About

International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

Sign up for email notifications

[email protected]
Subscribe

Featured

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

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

Topics

2008 Presidential Election

25 posts

2012 Republican Primary

6 posts

2020 Democratic Primary

22 posts

2020 Presidential Campaign

6 posts

2024 Presidential Campaign

9 posts

2024 Republican Primary

9 posts

Announcements

27 posts

Appellate Body

72 posts

CAFTA

5 posts

CETA

8 posts

Currency Disputes

57 posts

Development

23 posts

Digital Trade

57 posts

Domestic Trade Powers

10 posts

Dormant Commerce Clause

3 posts

DSU 25 Interim Appeals

43 posts

DSU Article 11

13 posts

Economic Integration

8 posts

Economic Statecraft

9 posts

EU-UK Trade Negotiation

5 posts

Exceptions

19 posts

Exchange Rates

6 posts

Export Restrictions

13 posts

Food Aid

5 posts

Foreign Investment

21 posts

FTA Negotiations

13 posts

FTAs - General

21 posts

Gambling Dispute

52 posts

Global Governance

9 posts

Globalization

13 posts

Government Procurement

5 posts

Green Steel Deal

14 posts

IEEPA

9 posts

IEL in Domestic Courts

20 posts

Indo-Pacific Economic Framework

5 posts

Industrial Policy

19 posts

Investor-State Arbitration

93 posts

Jamieson Greer

16 posts

Katherine Tai

66 posts

NAFTA

19 posts

NAFTA Chapter 11

15 posts

NAFTA Chapter 19

5 posts

National Security

38 posts

Non Appeal Pact

3 posts

Non-Discrimination Standards

59 posts

Non-Market Economies

6 posts

Non-Violation Nullification or Impairment

18 posts

Precedent

25 posts

Public Views of Trade

9 posts

Rare Earths

1 post

Robert Lighthizer

17 posts

Russia Trade Sanctions

17 posts

Sanctions

15 posts

Section 301

2 posts

Sovereignty

9 posts

Speech

1 post

SPS/TBT

5 posts

Standards of Review

7 posts

State Enterprises

7 posts

Sub-National Trade Issues

5 posts

Subsidies

83 posts

Tariffs

3 posts

Terms of Trade Manipulation

6 posts

Trade Agreements

20 posts

Trade and Competition

14 posts

Trade and Development

21 posts

Trade and Environment

117 posts

Trade and Health

20 posts

Trade and Human Rights

9 posts

Trade and Income Inequality

1 post

Trade and Intellectual Property

25 posts

Trade and Labor

25 posts

Trade and Peace

4 posts

Trade and Security

35 posts

Trade and the Stock Market

2 posts

Trade Balance

11 posts

Trade in Everything

65 posts

Trade in Services

21 posts

Trade Law and International Law

10 posts

Trade Preferences/GSP

23 posts

Trade Remedies

62 posts

Trans Pacific Partnership

8 posts

Trump Administration

53 posts

U.S. Trade Policy

32 posts

U.S. Trade Politics

60 posts

US-China Trade Relations

26 posts

USMCA

19 posts

USMCA Dispute Settlement

33 posts

USMCA Sunset/Review Clause

18 posts

USTR

16 posts

WTO - General

24 posts

WTO Accessions

8 posts

WTO Disputes

175 posts

WTO DS Reform

13 posts

WTO Jurisprudence

28 posts

WTO Negotiations

30 posts
Powered by Ghost