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TTIP, Financial Services, and the Prudential Exception

I've always been a little confused by the controversy over including financial services in the TTIP.  The EU wants it in; the U.S. is resisting.  But why is the U.S. resisting?  If they want to protect U.S. industry from competition, I don't have
Simon Lester 10 Sep 2014 1 min read

The Substance of Investment Treaties

It has always seemed to me there is insufficient study of the substance of investment treaties, i.e., what do the obligations mean, what is their impact, etc.  I often hear that the principles are no different from what is found in domestic law, but that doesn't satisy
Simon Lester 08 Sep 2014 1 min read

Implementing the Seal Products Ruling

The parties have agreed to an implementation deadline of October 18, 2015.  This is from the Canada-EU agreement: We wish to inform you that, with reference to our previous communication from 24 July 2014 and pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the
Simon Lester 08 Sep 2014 1 min read

History of TBT Article 2.2

Some of you may have seen this short article I wrote for the JIEL, which looks at the GATT negotiating history of the precursor provisions to TBT Agreement Articles 2.1 and 2.2 (there's a little more technical detail in the piece here), in the period 1969
Simon Lester 04 Sep 2014 3 min read

Polling on ICSID

A little while back, I wondered about public opinion on investment obligations.  In this regard, my friend Luke Peterson points me to some data on Americans' views of ICSID.  It's such awful data, though, that I should probably just ignore it.  I only highlight it to make
Simon Lester 02 Sep 2014 2 min read

CETA and the Prudential Carve-Out

We talked about the "prudential exception" here, here, and here, and then just recently here.  In the last link, I mentioned that I had a short article coming out arguing for revised language for this exception.  But the CETA negotiators beat me to it.  Here's what
Simon Lester 01 Sep 2014 2 min read

Dresden Conference on Mega-Regionals

Some details on an upcoming conference on mega-regionals: On 23rd and 24th October 2014 the Research Centre for International Economic Law at the University of Dresden led by Professor Thilo Rensmann and the affiliated research project “Global TranSAXion” will be hosting a conference on “Mega-Regionals and the Future of International
Simon Lester 01 Sep 2014 1 min read

CETA: Limits on Domestic Wine Preferences

From a Canadian news report: A trade deal between Canada and the European Union could restrict Canada’s wine sales by limiting the number of privately run outlets selling domestic products, if a leaked document turns out to be close to the finalized treaty. A German website posted the 521-page
Simon Lester 26 Aug 2014 1 min read

Barcelona Workshop on Global Governance

Call for Papers: 2015 Barcelona Workshop on Global Governance: The Public and the Private in Global Governance IBEI (Institut Barcelona d’Estudis Internacionals) and ESADEgeo (ESADE Business School’s Center for Global Economy and Geopolitics) are organizing the third edition of the Barcelona Workshop on Global Governance, an international workshop
Trachtman 26 Aug 2014 1 min read

Is the Appellate Body Trying To Discourage DSU Article 11 Appeals?

I haven't crunched the numbers on this, but it certainly feels as though DSU Article 11 appeals have increased in recent years.  Yet almost all of them get rejected.  This seems like a strange state of affairs.  Why pursue a course that is virtually certain to fail? In
Simon Lester 26 Aug 2014 1 min read

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International Economic Law and Policy Blog

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AOC on Foreign Policy and Trade Policy

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Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

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