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ISDS as a Way to Avoid Unfair Domestic Courts

This is from Freya Baetans, writing in response to Poulsen, Bonnitcha, and Yackee: one type of risk that is certainly present in several EU member states relates to the possibility of not being granted a fair trial before a domestic court. According to a recent country ranking of ‘judicial independence’
Simon Lester 19 Mar 2015 1 min read

Will Plain Packaging Spread to Other Products?

This is from Inside U.S. Trade: Indonesia’s Ambassador to the World Trade Organization Iman Pambagyo last week signaled that a win for an Australian law requiring plain packaging of cigarettes as an anti-smoking measure could lead his country to introduce a similar measure for alcoholic beverages. ... No law
Simon Lester 19 Mar 2015 1 min read

italaw.com Looking for Editors

From Andrew Newcombe: Dear Colleagues In the coming days you will see that italaw.com has been redesigned.   In addition to a more contemporary look, over the coming months I am planning to expand site content to include different types of international investment law cases.  With the support of Investor-State
Simon Lester 19 Mar 2015 1 min read

Tie Votes at the ITC

One of the claims in the the latest WTO complaint, brought by Indonesia against a U.S. AD/CVD measure, is the following: The United States' imposition of anti-dumping and countervailing duty orders appears to be inconsistent with at least the following provisions of WTO law: ... With respect to
Simon Lester 17 Mar 2015 2 min read

International Investment Obligations in Domestic Law

Here's more from the ISDS in TTIP debate between Lauge Poulsen, Jonathan Bonnitcha, Jason Yackee, on one side, and Freya Baetans, on the other. Poulsen, Bonnitcha, and Yackee say the following: While the high quality of the US judicial system (and US laws) concerning foreign investors is beyond
Simon Lester 17 Mar 2015 3 min read

ISDS as Good Governance

There's a good back and forth on ISDS in TTIP between Lauge Poulsen, Jonathan Bonnitcha, Jason Yackee, on one side, and Freya Baetans, on the other.  I'm going to get 4 or 5 blog posts out of all this! I'll start with something from
Simon Lester 16 Mar 2015 2 min read

Can ISDS Serve as an International Antitrust Court?

This is from three well-known labor economists, writing in support of the TPP: If passed, the TPP also would create a powerful template for future trade deals, including with China, which would move the U.S. closer to resolving conflicts the WTO has been unable to handle. Consider, for example,
Simon Lester 15 Mar 2015 1 min read

A New Structure for Appellate Body Reports

The Appellate Body has announced a change related to how it approaches summaries of parties' arguments in its reports: The Appellate Body intends to continue the practice of asking participants in appeals to submit executive summaries of their written submissions. The deadlines for filing such summaries will also remain
Simon Lester 15 Mar 2015 2 min read

More on a TPP Secretariat

Continuing with the theme of issues I think are interesting, but few people are talking about, let me raise again the question of whether there should be a TPP Secretariat. This is from Deborah Elms: The TPP requires a robust Secretariat to ensure the long-term health and success of this
Simon Lester 12 Mar 2015 3 min read

More on That Interesting Debate

In the comments on that last post, Marc Benitah asked why I thought this was such an important debate. I had been planning to explain this anyway, so I'm glad he asked. I think the distinction between "protectionism" and "terms of trade manipulation," as
Simon Lester 10 Mar 2015 2 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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