In India-Solar Cells, the United States' first request for consultations was also made (beyond TRIMS and Article III:4 of GATT 94) pursuant to Articles 4 of the SCM prohibiting subsidies contingent about the use of domestic products. However, the United States' second request for consultations was not

From today's India - Solar Cells WTO panel report: 7.202. We note at the outset that the general exception contained in Article XX(j) has never been invoked as a defence before a GATT/WTO dispute settlement panel. Article 3.2 of the DSU directs us to

There's an interesting exchange on ISDS/ICS between MEP Bernd Lange and EU Trade Commission Cecilia Malmstrom (the latter is a subscriber-only Inside US Trade document).  I was particularly interested in Commissioner Malmstrom's explanation of the new "right to regulate" provision (discussed here and

Inside US Trade reports on the state of regulatory issues in the TTIP: The European Commission has decided to hold off on tabling a revised text on regulator-to-regulator cooperation at the 12th round of Transatlantic Trade and Investment Partnership (TTIP) talks this week, and likely will not come forward with

From remarks by President Obama yesterday: With respect to tobacco, we said very explicitly in this trade deal that any country that regulates tobacco is not somehow violating trade agreements as long as it’s done fairly, as long as they’re not discriminating against American tobacco companies versus their

From the National Interest Analysis of the TPP undertaken by Australia: 5. Australia will also lodge a notification, expressly permitted under Article 29.5, electing to prevent any and all Investor-State Dispute Settlement (ISDS) challenges to Australia’s tobacco control measures under the TPP. No word on whether Australia thinks

From PluriCourts: A position as professor (or associate professor) in International Economic Law is announced at PluriCourts. The application deadline is 1 April. Job Description A position as professor (or associate professor) is announced at PluriCourts, a Centre for the Study of the Legitimate Roles of the Judiciary in the

I've been saying for some time now that Greece's Prime Minister Alexis Tsipras is, contrary to conventional wisdom, a shrewd negotiator and tactician (see my post on this blog last summer  bit.ly/1HqHRyA).  These traits were clearly on display this last week, when Europe'

The WTO Government Procurement Agreement (GPA) is at the heart of a controversy in the UK surrounding the boycott  by some local councils of products and services associated with illegal settlements in Palestine.   It has been widely reported in the UK press that the government is imposing severe legal penalties

Monday (February 15, 2016) , a new investor-state hearing began here in Toronto. This was the opening of the Windstream case. Though I seldom comment on these proceedings, especially as I’ve participated in quite a number of these investor-state cases, and their hearings, this opening, at least with respect to