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Investor-State as Judicial Review: Is that Controversial?

This is from Robert Basedow, a PhD candidate at LSE: ... It is helpful to distinguish between the substantive and procedural provisions under typical international investment agreements. The substantive provisions enumerate the rights of investors and states under these agreements, whereas the procedural provisions regulate how substantive provisions can be enforced.
Simon Lester 28 Jul 2014 2 min read

Seals vs. Tuna and Non-Discrimination

In the U.S. first written submission in the Article 21.5 WTO panel proceeding in U.S. - Tuna II, the U.S. distinguishes Tuna from Seals in regard to non-discrimination.  Here's the GATT MFN section: 287. The facts here are in contrast to the ones in
Simon Lester 25 Jul 2014 2 min read

Struggles at the WTO

In the negotiations: India blocked an agreement on new global customs rules on Thursday, angering fellow members of the World Trade Organization who say Delhi's veto could be costly, economically and politically. At a meeting in Geneva, diplomats from the 160 WTO member countries were supposed to rubber
Simon Lester 25 Jul 2014 1 min read

Larry Summers on TPP

From an interview in the New Republic: DV: Another thing you talked about in the FT op-ed was the Trans Pacific Partnership, the trade deal. One component of the deal is to bring down tariffs between all countries involved, but tariffs are already very low between these countries, particularly
Simon Lester 23 Jul 2014 3 min read

Religious Freedom and the TTIP

From a draft letter ($) being circulated by a U.S. Congressman: Dear Secretary Kerry and Ambassador Froman, We are writing to express our serious concern regarding the growing assault on religious freedom in the European Union and many of its member states. Eight out of twenty-eight EU member states
Simon Lester 23 Jul 2014 1 min read

Menthol Cigarette Discrimination in the EU

Poland is going to to challenge the EU ban on menthol cigarettes under EU law: Poland will appeal to Europe's top court over a European Union ban on flavoured tobacco products, saying it will be unfairly affected as one of the region's biggest consumers and producers
Simon Lester 23 Jul 2014 1 min read

State Owned Enterprises at Home and Abroad

One aspect of the TPP negotiations that I have not followed closely is rules for state owned enterprises.  I'll take a look at it all eventually, but I've been waiting for more leaks and commentary, to explain the different views. In the meantime, though, I wonder
Simon Lester 21 Jul 2014 1 min read

Too Close Yet Too Far…

Well, I am not talking about two lovers, but the currently pending negotiation on the “Transatlantic Trade and Investment Partnership (TTIP).”  The United States and the European Union, representing the world’s most advanced (and perhaps most open) economies, still cannot get a trade deal done between themselves.  As we
Sungjoon Cho 18 Jul 2014 1 min read

The Scope of the Prudential Exception

We talked about the "prudential exception" here, here, and here.  I have a short law journal article coming out on this soon, where I basically argue that the exception is badly worded, nevertheless probably works as an exception, but could and should be redrafted in future trade agreements
Simon Lester 18 Jul 2014 4 min read

Investor-State Arbitration Tribunal v. Domestic Court

This is related to Simon’s earlier post. Matthew Dalton from Wall Street Journal raised an interesting hypothesis regarding the controversial investor-state dispute settlement mechanism under the Transatlantic Trade and Investment Partnership (TTIP).  What if decisions of an investment tribunal and a domestic court on the same subject-matter
Sungjoon Cho 16 Jul 2014 1 min read

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International Economic Law and Policy Blog

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A law of many meanings: Exchange Actions under the GATT and IMF

Earlier this week, Simon Lester posted about the EU’s concerns with the undervaluation of the Chinese currency. He situated the recent demands for trade restrictions against a longstanding debate about the function of GATT Article XV:4.
25 Jun 2026 8 min read

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

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