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

Debating ISDS

I've organized an ISDS debate over at Cato Unbound.  We have Jason Yackee and me as critics, and John Veroneau and Ingrid Persson as supporters.  We each write essays, and then respond to each other's points.  So far we have essays up there from me and
Simon Lester 14 May 2015 1 min read

An ISDS Lawsuit on Marijuana Taxation/Regulation?

This is from Vox: ... Due to a section of the tax code known as 280E, many state-legal marijuana businesses have to pay taxes on basic expenses like rent, employee salaries, and utility bills — unlike other legal businesses, which are allowed to deduct these types of expenses.For some businesses,
Simon Lester 14 May 2015 1 min read

Airline Subsidies

As the current trade negotiating agenda struggles along, both at the multilateral and mega-regional levels, perhaps there are some government actions out there that could provide the basis for productive new negotiations.  One area that always gets me fired up is subsidies:  agriculture subsidies and export credits are big
Simon Lester 13 May 2015 2 min read

Canada's Submission in the WTO Plain Packaging Dispute

Someone sent me Canada's third party submission in the WTO plain packaging dispute.  I checked with a friend who works for the Canadian government, and he said it was fine to post it, so here it is.  Here's an excerpt: 42. A finding of a right
Simon Lester 13 May 2015 1 min read

Senator Warren on ISDS

From a Washington Post interview with Senator Elizabeth Warren: You can’t envision even in theory a way to structure ISDS that would assuage your concerns? WARREN: Once a group of independent arbiters, whose decisions cannot be appealed, can issue a money judgment of any size, then the ISDS problem
Simon Lester 11 May 2015 1 min read

President Obama on ISDS

It's kind of incredible to see a U.S. President talking about an issue as technical as ISDS.  Check it out at 10:48 and 19:10 of this video.  Putting aside the argument about whether ISDS is good or bad, I think he is making a mistake
Simon Lester 11 May 2015 2 min read

Benefit and Market in the AB Feed-In Tariff Report

I'm at the BIICL WTO conference, which has me thinking about a good discussion last year of the Appellate Body's ruling on "benefit" in the Canada - Feed-In Tariff case (see prior posts here and here).  As I recall, there were two people on
Simon Lester 07 May 2015 4 min read

New ISDS Concepts and Texts

EU Trade Commissioner Cecilia Malmström has just announced some new ideas on ISDS, set out in this concept paper.  One of the ideas is to move investment arbitration towards being a real "international investment court."  Along the same lines, here are some ideas coming from Germany, which also
Simon Lester 05 May 2015 3 min read

She Sells Seychelles by the Shore of Lake Geneva

Just for fun, I've been reading the Working Party Report related to the recent Seychelles accession to the WTO (and yes, I am available to come to the Seychelles and give WTO training courses to government officials, in case they are looking for someone).  I saw three items
Simon Lester 05 May 2015 2 min read

CALL FOR PAPERS - Joint ASIL-ESIL-Max Planck Scholarship Workshop, "The Future of Transatlantic Economic Governance in the Age of the BRICS"

From the ASIL/ESIL/Max Planck: On 11-12 December 2015, the International Economic Law Interest Groups of the American and European Societies of International Law, together with the Max Planck Institute for Comparative Public Law and International Law, will hold a joint works-in-progress workshop in Heidelberg, Germany.
Simon Lester 05 May 2015 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

jamie@example.com
Subscribe

Featured

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

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

60 posts

Development

23 posts

Digital Trade

59 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

10 posts

EU-China Trade Relations

2 posts

EU-UK Trade Negotiation

5 posts

Exceptions

19 posts

Exchange Rates

7 posts

Export Restrictions

13 posts

Food Aid

5 posts

Foreign Investment

21 posts

FTA Negotiations

13 posts

FTAs - General

22 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

20 posts

Investor-State Arbitration

93 posts

Jamieson Greer

19 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

60 posts

Non-Market Economies

7 posts

Non-Violation Nullification or Impairment

19 posts

Precedent

25 posts

Public Views of Trade

9 posts

Robert Lighthizer

18 posts

Russia Trade Sanctions

17 posts

Sanctions

15 posts

Section 301

14 posts

Sovereignty

9 posts

SPS/TBT

5 posts

Standards of Review

7 posts

State Enterprises

8 posts

Sub-National Trade Issues

5 posts

Subsidies

83 posts

Tariffs

3 posts

Terms of Trade Manipulation

6 posts

Trade Agreements

21 posts

Trade and Competition

14 posts

Trade and Development

21 posts

Trade and Environment

119 posts

Trade and Health

20 posts

Trade and Human Rights

9 posts

Trade and Income Inequality

1 post

Trade and Intellectual Property

26 posts

Trade and Labor

26 posts

Trade and Peace

4 posts

Trade and Security

35 posts

Trade and the Stock Market

2 posts

Trade Balance

13 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

64 posts

Trans Pacific Partnership

9 posts

Trump Administration

55 posts

U.S. Trade Policy

32 posts

U.S. Trade Politics

60 posts

US-China Trade Relations

29 posts

USMCA

19 posts

USMCA Dispute Settlement

34 posts

USMCA Sunset/Review Clause

24 posts

USTR

16 posts

WTO - General

25 posts

WTO Accessions

8 posts

WTO Disputes

177 posts

WTO DS Reform

13 posts

WTO Jurisprudence

28 posts

WTO Negotiations

30 posts

Zeroing

29 posts
Powered by Ghost