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ACWL Job Opening

This is a great opportunity to work on WTO disputes, in Geneva, with a really good group of people: The Advisory Centre on WTO Law (ACWL) is seeking to fill a vacancy for one of our positions of Counsel.   We are looking for a lawyer with approximately one to three
Simon Lester 24 Mar 2015 1 min read

Bilcon NAFTA Chapter 11 Award: FET Issues

Some people are surprised that I am so obsessed with concerned about ISDS.  I've tried explaining it in various ways, but I've had trouble getting my point across.  I think the Bilcon decision from last week can help me clarify.  (Investment Arbitration Reporter explains the case
Simon Lester 23 Mar 2015 3 min read

China's Market Economy Status in 2016

From trade lawyer Bernard O'Connor: So, as Shakespeare might have said, to conclude this little tale: 1) China agreed in 2001 when it joined the WTO that it was not a market economy. 2) There is nothing in Article 15 giving China the status of a market economy
Simon Lester 23 Mar 2015 1 min read

The Bilcon Decision: The Environment, Local Politics and the Rule of Law

Simon Lester already blogged this morning about the NAFTA investor-state award in Bilcon v. Canada, focusing on one particular issue concerning National Treatment.  The award is interesting on a number of fronts, including the issue of the minimum standard of treatment (Fair and Equitable Treatment) in relation to customary
Rob Howse 20 Mar 2015 6 min read

Clayton/Bilcon NAFTA Chapter 11 Award: National Treatment Issues

Today's big ISDS news is the NAFTA Chapter 11 award in the Clayton/Bilcon case (award here, dissent here). The tribunal found violations of Article 1105 (minimum standard of treatment) and Article 1102 (national treatment).  The dissenter focused his reasoning on Article 1105, but dissented from both findings.
Simon Lester 20 Mar 2015 2 min read

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
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-
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
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

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

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