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The Role of the EU and the Member States in Trade Policy

From the European Commission: The Commission decided today to request an opinion of the EU Court of Justice on the competence to sign and ratify a trade agreement with Singapore. Commissioner De Gucht said: 'I have been saying for months that we need to clarify the interpretation of the
Simon Lester 31 Oct 2014 1 min read

Trade Law Case Notes

From the Leuven Centre for Global Governance Studies and Oxford University Press: Dear colleagues, We are writing to invite you to join an exciting new project undertaken by the Leuven Centre for Global Governance Studies and Oxford University Press. The Oxford Reports on International Law (ORIL) brings together decisions on
Simon Lester 31 Oct 2014 2 min read

WTO Legal Jobs Available

As you may have heard, WTO dispute settlement is getting pretty busy these days, which explains why the WTO Secretariat is looking for lawyers to work on these cases: -- Grade 9 lawyers (at least 8 years experience) -- Grade 7 lawyers (at least 3 years experience) There are positions in Rules,
Simon Lester 31 Oct 2014 1 min read

Who Should Be Able To Sue a Government in an International Tribunal?

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&
Simon Lester 29 Oct 2014 1 min read

Reliving the Loewen NAFTA Case: Is a Court Ruling a Measure?

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
Simon Lester 28 Oct 2014 2 min read

Clinton Era Trade Documents

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-
Simon Lester 27 Oct 2014 1 min read

Speaking Clearly on ISDS?

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
Simon Lester 22 Oct 2014 2 min read

OGEL & TDM Call for Papers: Special Issue on Renewable Energy Disputes

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
Simon Lester 22 Oct 2014 2 min read

What Do Americans Think of Mandatory Country of Origin Labelling?

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
Simon Lester 21 Oct 2014 3 min read

Mesa Power v. Canada NAFTA investor-state arbitration: public viewing of the hearing

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
Rob Howse 20 Oct 2014 1 min read

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What Does the Blue Wave Mean for U.S. Trade Policy?

Tariffs and trade policy were one element that played a role in last night's result. So what impact will Democratic control of Congress have on the administration's trade policy going forward?
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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.
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