As this blog's readers all know, under most investment treaties and investment chapters of trade agreements, foreign investors can sue a host government directly in an international tribunal, based on various obligations imposed on the government (fair and equitable treatment, etc.). For those who support this system, I&

Following up on the post yesterday regarding U.S. government documents relating to the Loewen NAFTA case, turns out there was a lot of repetition in those documents.  The main substantive issue was whether court rulings constitute "measures," and how the U.S. should approach this issue as

Previously confidential documents from the Clinton era are being released now and then.  I'm keeping an eye out for items that relate to international economic law.  Here are two recent ones from the Loewen NAFTA case: http://www.clintonlibrary.gov/assets/storage/Research-Digital-Library/formerlywithheld/batch7/2010-0021-F-1.pdf http:

From a speech today by President-elect of the European Commission Jean-Claude Juncker before the European Parliament: Investor-to-state disputes I took note of the intense debates around investor-state dispute settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) negotiations. Let me once again state my position clearly, that I had

From OGEL and the TDM journal: Oil, Gas, and Energy Law Journal (www.ogel.org) and Transnational Dispute Management (www.transnational-dispute-management.com) invite submissions for a joint Special Issue on Renewable Energy Disputes. Renewable energy production is nothing new: windmills have been used to produce wind-based energy and dams have

I was struck by this sentence from a Global Trade Watch blog post, in reaction to yesterday's WTO panel report in the Article 21.5 proceeding in U.S. - COOL: The COOL policy was created when Congress enacted mandatory country-of-origin labeling for meat – supported by 92 percent

Many of you will be familiar with Mesa Power as the NAFTA case that concerns the local content requirements in Ontario's feed-in-tariff (FIT) programme for renewably generated electricity, which were found to violate WTO rules in the recent Canada-Renewable Energy rulings.  The NAFTA claim raises far broader issues

Here is the compliance (DSU Article 21.5) panel report as well as a summary of findings.  Overall, the panel followed the Appellate Body’s approach in the original COOL dispute.  The panel concluded that the amended COOL measure actually “has increased the original COOL measure's detrimental impact

My co-authors and I are close to signing off on our manuscript analyzing the WTO Seal Products rulings.  Coming from the very happy Howse/Langille experience with the Yale Journal of International Law, I think we will again submit to the US student-edited law journals-also the nature of the piece.

This is from U.S. Trade Representative Michael Froman: investment protections are ... intended to safeguard against a host of abuses, including discrimination, repudiation of contracts, and expropriation of property without due process of law ... It surprises me how little analysis of this issue exists. From what I can tell, the