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Journal of World Investment & Trade Special Issue on ISDS

From the Journal of World Investment & Trade: Since the time that the Calvo doctrine held sway, Latin America’s ambivalent relationship to investor-state dispute settlement has not ceased to elicit discussions and debates and generate a string of scholarly writings. Recently the region’s multiple responses to investment arbitrations,
Simon Lester 13 Apr 2015 3 min read

Could Uber use TTIP ISDS?

If there ever is a TTIP, and if it has ISDS, would Uber have a case against the actions of various EU member states based on this: Uber Technologies Inc., which has faced a mounting regulatory backlash to its rapid growth in Europe, said this week it had filed complaints
Simon Lester 10 Apr 2015 1 min read

Trade and Investment Law Faculty Position at the University of Ottawa

From the University of Ottawa: The Common Law Section invites applications for three tenure-track positions, commencing at the level of Assistant Professor.  A more experienced candidate may be considered for a position at a higher level. Applicants currently employed in legal education elsewhere are encouraged to contact the Dean directly
Simon Lester 10 Apr 2015 1 min read

Editorial Assistant Position with the JIEL

From the folks at Georgetown Law: Editorial Assistant Position with the Journal of International Economic Law (JIEL)  The Journal of International Economic Law is currently collecting recommendations or applications from persons who might wish to take on the position of Editorial Assistant to the Journal of International Economic Law (JIEL)
Simon Lester 10 Apr 2015 1 min read

For Those Trying to Kill the Iran Deal through Congress the Real Enemy May be Obama not Iran

Let's say those like Bill Kristol and Tom Cotton who are leading the "kill the deal" charge were to get what the say they want: Congress intervenes to make it impossible for the President to conclude a final agreement with Iran. What exactly do the hawks
Rob Howse 10 Apr 2015 4 min read

Iran: Sanctions and Sequencing, Diplomacy and Distrust

Iran's Supreme Leader Khamenei has expressed the view today that all sanctions must be limited simultaneously with the signing or conclusion of a final agreement  This seems in tension certainly with the US fact sheet on the parameters arrived at in Lausanne, as well as possibly with Iran&
Rob Howse 09 Apr 2015 3 min read

Are the Prohibited Subsidies Categories Unsound?

This is from law professor Alan Sykes: The prohibited subsidies categories are unsound As noted, import substitution subsidies and export subsidies are automatically “specific” and prohibited under WTO rules (ASCM Article 3). Neither prohibition makes much economic sense. Import substitution subsidies are those “contingent (in whole or in part) upon
Simon Lester 08 Apr 2015 2 min read

If an Appellate Body Report Falls in the Woods ...

If an Appellate Body report falls in the woods, and no one is there to hear it, does it have any precedential value?  I ask because the Appellate Body issued a report yesterday, and no one seemed to notice.  Usually, there is at least some brief reporting by Reuters and
Simon Lester 08 Apr 2015 1 min read

Are BITs Really All About Politics?

Here's an excerpt from a paper by U. of Chicago law prof Adam Chilton: Given the limited interest in—and evidence of—the investment benefits of BITs, it is worth reconsidering why the United States actively pursued a BITs program for three decades. I argue that the dominant
Simon Lester 08 Apr 2015 2 min read

A Response to Henry Kissinger and George Shultz on the Iran Deal

In the Wall Street Journal, Henry Kissinger and George Shultz, former Secretaries of State, have damned with faint praise the strategy of diplomacy pursued by the Obama Administration with respect to Iran and its nuclear program.  Their bottom line: unless there is an effective grand strategy to address Iran'
Rob Howse 07 Apr 2015 4 min read

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International Economic Law and Policy Blog

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Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

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