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CETA, Investment Obligations, and Public Debt

This is from the officially released CETA text (p. 184): Annex X: Public Debt 1. No claim that a restructuring of debt issued by a Party breaches an obligation under Sections [Non-Discriminatory Treatment, Investment Protection] may be submitted to, or if already submitted continue in, arbitration under Section 6
Simon Lester 01 Oct 2014 1 min read

Does CETA Violate WTO Obligations? How About NAFTA Chapter 11?

This is from the U.S. dairy industry: The text of the European Union-Canada Comprehensive Economic and Trade Agreement (CETA) released at the end of last week contains provisions on geographical indications (GIs) and reallocates a portion of the World Trade Organization tariff rate quota for cheese to the
Simon Lester 01 Oct 2014 1 min read

Trade Liberalization and Tobacco Control

I've heard it suggested that opening up developing country tobacco markets to foreign competition will mean lower prices and greater consumption.  But is that true?  This article calls this into question: For more than two decades, public health scholars and proponents have demonstrated concern about the negative effects
Simon Lester 01 Oct 2014 1 min read

Interesting New Publication by the WTO: The History and Future of the World Trade Organization

For those of you who may have missed this interesting free new publication by the WTO, I point out " The History and Future of the World Trade Organization" by Craig VanGrasstek. It can be downloaded HERE for free as PDF. I looked through it, and I was surprised
Marc Benitah 29 Sep 2014 1 min read

Cecilia Malmstrom on ISDS

I've been watching the confirmation hearing for Cecilia Malmström as the next EU trade commissioner.  It was really very interesting.  Much more detailed questions and answers than we usually see in U.S. congressional hearings. She suggested that she was open to the possibility of excluding ISDS from
Simon Lester 29 Sep 2014 2 min read

Do We Need More Appellate Body Members?

From WTO DG Roberto Azevedo: Some years ago there was a proposal to increase the number of AB members. Under the current situation the 7 member AB can handle around 10-12 appeals at most per year. That’s stretching the envelope. And this is with AB Members working almost
Simon Lester 28 Sep 2014 1 min read

The Limits of Regionalism

From WTO DG Roberto Azevedo: ... there are many big issues which can only be tackled in an efficient manner in the multilateral context through the WTO. Trade Facilitation was negotiated successfully in the WTO because it makes no economic sense to cut red tape or simplify trade procedures at the
Simon Lester 28 Sep 2014 1 min read

Burger Taxes

Trade law is famous for its "sin" tax cases, on products such as alcohol and tobacco.  But the list of "sins" out there keeps growing.  There is sugar, there is junk food in general, and yes, now we have hamburgers.  This is from the FT: Anyone
Simon Lester 24 Sep 2014 2 min read

Trade in Everything: Prison Services

Apparently, there is not enough crime in the Netherlands to fill their prisons, so they are looking elsewhere for occupants.  At the same time, the Norwegians are facing a shortage of prison space due to "renovations." (Granite countertops in the kitchens?)  Luckily, international trade has come to the
Simon Lester 24 Sep 2014 1 min read

How to Defend ISDS

Last week, I was complaining about an attempt to defend ISDS by someone who did not seem aware of how investment obligations work.  In contrast, here is someone who gets it right: What investment treaties typically do is offer investors (in either direction) reciprocal guarantees of basic principles such as
Simon Lester 22 Sep 2014 1 min read

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