For all you international law lovers out there, here are some excerpts from the notice of appeal in Peru - Agricultural Products, filed last week: I. The Panel Erred in Law by Failing to Find that Guatemala Acted Inconsistently with Its Good Faith Obligations under DSU Articles 3.7 and 3.

This is from the Guardian: The European Commission has warned EU citizens that they should close their Facebook accounts if they want to keep information private from US security services, finding that current Safe Harbour legislation does not protect citizen’s data. The comments were made by EC attorney Bernhard

Getting back to academic discussions, here's more from Freya Baetans on ISDS: Four possible alternatives to the inclusion of ISDS in TTIP are frequently mentioned. The first would be to opt for state-to-state arbitration. However, such an option would hardly be preferable, as it will invariably

Here's the minimum standard of treatment provision in the leaked TPP investment chapter (which is basically the same as the U.S. model BIT): Article II.6: Minimum Standard of Treatment 14 1. Each Party shall accord to covered investments treatment in accordance with applicable customary international law

WikiLeaks has posted the Jan 20, 2015 version of the TPP investment chapter. The NY Times reports here.  I'm going to do two short posts, one on national treatment and one on the minimum standard of treatment.  Here's the national treatment provision: Article II.4: National

In the U.S. - Guatemala CAFTA labor case, there's also a really interesting issue about the use of witness statements as evidence.  Here are some excerpts from a panel ruling issued on Feb 26: 9. However, Guatemala’s letter to the panel of that same day raised new

From the CBC (via Lawrence Friedman): A woman from Corner Brook is learning about the high cost of fashion after she was fined US $250 on Monday for trying to cross the border with a sealskin purse. In early March, Nora Fitzgerald and her friend decided to drive across the

Here's one more provision from that draft Indian model BIT: Chapter V – Exceptions Article 16: General Exceptions 16.1 Nothing in this Treaty precludes the Host State from taking actions or measures of general applicability which it considers necessary with respect to the following, including: (i) protecting public

The draft Indian model BIT (PDF is here), which I just heard about (from Mona Pinchis), has some new language on minimum standard of treatment: Chapter II: Obligations of Parties Article 3: Standard of Treatment 3.1 Each Party shall not subject Investments of Investors of the other Party to