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More from the Productivity Commission on ISDS

We discussed what Australia's Productivity Commission thought of ISDS back here.  Now they have something more to say, but I couldn't do anywhere near as good a job explaining it as Esme Shirlow did over at the Kluwer Arbitration Blog.  Here's an excerpt, but
Simon Lester 10 Jul 2015 1 min read

Piketty, Globalization, and the Inequality Puzzle inside the Higher Income Bracket.

In his book, Capital in the Twenty-First Century, Thomas Piketty establishes a fact that many people have not suspected. Whereas many suspected the confirmed fact that a gap has opened up after the seventies between the top 10 percent and average income earners, many did not suspect that the
Marc Benitah 08 Jul 2015 2 min read

Is ISDS Private or Public?

I've always assumed that when you have an international investment treaty, which sets out obligations that states have to follow (and are subject to legal claims when they do not), this is public international law.  That is the case even if the "judges" hearing the claim
Simon Lester 07 Jul 2015 2 min read

A Few Thoughts on the TPP

People keep asking me what I think of the TPP.  Given that, aside from a few leaks, I haven't seen the text, I'm a little unsure how to answer.  It kind of depends what's in it.  Nonetheless, I offered some preliminary thoughts here.  An
Simon Lester 05 Jul 2015 1 min read

Two New WTO Law Books

I wanted to mention two new books on WTO law.  The first I've been reading; the second is in the mail and I'll read it soon. The one I've been reading is A History of Law and Lawyers in the GATT/WTO: The Development
Simon Lester 05 Jul 2015 2 min read

Guest Post #2 on India - Agricultural Products

This is a guest post from Geneva trade lawyer Adarsh Ramanujan:“Rebuttable” presumption of Article 2.2 inconsistency arising from Article 5.1 inconsistency? Continuing from my earlier post on the AB Report on India – Agricultural Products, I found another finding of the AB to be an interesting one – this
Simon Lester 02 Jul 2015 3 min read

Guest Post #1 on India - Agricultural Products

This is a guest post from Geneva trade lawyer Adarsh Ramanujan:‘Interpretation’ of the scientific standards? Thoughts about India – Agricultural Products I finally got around to reading the AB Report released earlier in June in the India – Agricultural Products. I found one of the claims raised by India to be
Simon Lester 02 Jul 2015 4 min read

Writing the ELSA WTO Moot Court Case

From ELSA: ELSA International invites proposals from prospective case authors to write the Moot Court Case for the 14th edition of the ELSA Moot Court Competition on WTO Law. EMC2 is a simulated hearing of a World Trade Organization dispute settlement panel. Teams of interested students from all over the
Simon Lester 02 Jul 2015 2 min read

"Secret Treaty to Mine the Moon Draft" Would Apply GATT to Moon Minerals

I first thought it was an email phishing scam, but it is a real story that a journalist was asking my opinion on. I found it intriguing enough to share it on the blog ... A few day ago, Wikileaks released what has been referred to as a "Secret Treaty
Joost Pauwelyn 01 Jul 2015 1 min read

Done with TPA; on to TPP

As you have all have probably heard by now, at long last we are done with the tedious TPA debate: President Barack Obama signed into law on Monday legislation that gives him "fast-track" power to negotiate trade deals and speed them through Congress, ... I will leave commentary
Simon Lester 30 Jun 2015 3 min read

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A law of many meanings: Exchange Actions under the GATT and IMF

Earlier this week, Simon Lester posted about the EU’s concerns with the undervaluation of the Chinese currency. He situated the recent demands for trade restrictions against a longstanding debate about the function of GATT Article XV:4.
25 Jun 2026 7 min read

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

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