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A DSB for ISDS?

I don't read absolutely everything there is to read on ISDS, so maybe this proposal from U.S. Rep. Sander Levin is out there already and has been dicussed to death, but it was new to me: TPP should include several new provisions to protect the rights of
Simon Lester 22 Jan 2015 1 min read

Is There An International Economic Law "Super-Legislature"?

This is from University of Chicago law prof Brian Leiter: I propose to defend and explore three claims in this lecture. First, there is very little actual “law” in federal constitutional law in the United States, especially with respect to cases that end up at the U.S. Supreme Court:
Simon Lester 21 Jan 2015 1 min read

The CAFTA Labor Panel's Procedural Ruling

The CAFTA panel set up to hear the U.S. complaint regarding Guatemala's enforcement of its labor laws has issued a procedural ruling.  The basic question was, "how the panel should address, as a matter of procedure, a request by Guatemala for a preliminary ruling"?  Guatemala
Simon Lester 19 Jan 2015 1 min read

Banning GMOs for Cultural (or Moral) Reasons

Yesterday (January 13), the European Parliament passed a legislative resolution regarding the “possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory.”  The gist of this legislation is that the EU member states may ban GMOs for non-scientific (such as cultural
Sungjoon Cho 14 Jan 2015 1 min read

The EU Report on ISDS Public Consultations

The European Commission issued its report today on the public consultations it carried out on ISDS.  (A fact sheet is here; press release is here). Commissioner Malmström held a press conference, but there didn't seem to be much interest.  (I think you can watch it here).  Only two
Simon Lester 13 Jan 2015 1 min read

The Role of DSU Article 11 in WTO Appeals

A few months ago, in its China - Rare Earths report, the Appellate Body said this: 5.227 ... an Article 11 claim must be clearly articulated and substantiated with specific arguments, including an explanation of why the alleged error has a bearing on the objectivity of the panel's
Simon Lester 09 Jan 2015 1 min read

Panel on Reshaping the Investor-State Dispute Settlement System

Here are some details on an upcoming event on ISDS here in DC: The Wilson Center will host a panel to examine practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has
Simon Lester 09 Jan 2015 1 min read

Call for Submissions: Utrecht Journal of International and European Law

The Utrecht Journal of International and European Law has issued a call for submissions for its 81st edition on "General Issues in International and European Law." The call is here, and says in part: The Utrecht Journal of International and European Law is issuing a Call for Papers
Simon Lester 09 Jan 2015 1 min read

Transparency in the TTIP

The EU is pushing transparency in the TTIP, and has now posted online some negotiating documents: http://trade.ec.europa.eu/doclib/press/index.cfm?id=1230 In my view, this is a positive development. There are some things you need to keep secret as part of a negotiation, but
Simon Lester 07 Jan 2015 1 min read

What’s in a Name?: Black Forest Ham and Cornish Pastry

Christian Schmidt, the German agriculture minister, reportedly said that "if we want to take advantage of the opportunities of free trade with the huge American market, we can no longer have every type of sausage and cheese each protected as a speciality."  Well, I doubt that most European
Sungjoon Cho 06 Jan 2015 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

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

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