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Cloves, Tuna, COOL Update

If you are wondering what's going on with the Cloves, Tuna, and COOL WTO disputes, Jamie Strawbridge has an ASIL Insight with some details on the implementation status of each.  From the conclusion: If the WTO upholds U.S. compliance steps in some or all of these cases,
Simon Lester 31 Oct 2013 1 min read

CETA and Investor-State

From the Canadian government's "Technical Summary" of CETA: Investment protection rules * Strong rules that take into consideration lessons learned from past FTAs and foreign investment promotion and protection agreements * Commitments to treat investors from Canada and the EU fairly and equitably and in non-discriminatory manner
Simon Lester 29 Oct 2013 2 min read

EU-China Investment Treaty Issues

I've gotten to know some of the folks at Brussels think tank ECIPE over the past year, and I always enjoy their work.  Here's a new piece from research associate Michal Krol entitled "The Case for an EU-China investment agreement": http://www.ecipe.
Simon Lester 29 Oct 2013 1 min read

CETA and Services Trade

From the Economist: [CETA] also takes a crack at liberalising cross-border ... trade in services in ways that previous trade negotiations have rarely attempted. ... The aim is to begin lowering barriers to trade in services just as past agreements removed obstacles to trade in goods: a worthy goal, since services
Simon Lester 28 Oct 2013 1 min read

Call for Submissions on Trade and Climate Change

From my friends at the Trade, Law & Development journal: Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain a constructive and democratic debate on emergent issues in international economic law and to serve as a forum for the discussion and distribution of
Simon Lester 28 Oct 2013 1 min read

Food Security and Agriculture Trade Talks: The G-33 Proposal

Previous posts to this blog have discussed trade-policy responses to the food price spikes of recent years; a recent study by Rob Howse and Tim Josling argued that WTO Members might be obliged to refrain from restricting exports to secure domestic food supply if doing so could adversely affect
Chantal Thomas 23 Oct 2013 2 min read

More on National Treatment in the Bilcon NAFTA Chapter 11 Case

Last year, I mentioned an issue related to the meaning of national treatment that is likely to come up in the Bilcon NAFTA Chapter 11 case.  Here are some brief thoughts on the same issue from the U.S. non-disputing party submission: NAFTA’s national treatment provision, Article 1102,
Simon Lester 22 Oct 2013 1 min read

The European Commission on Investor State, Part 4

And finally, one last claim addressed by the Commission in defense of  investor state: Claim: Investors should not be allowed to challenge governments directly in international law. Only governments should be able to act against each other, via state-to-state dispute settlement. The Commission responds that: It is investors
Simon Lester 21 Oct 2013 1 min read

The European Commission on Investor State, Part 3

The third claim related to investor state that the European Commission addresses is the following: Claim: Investor-state dispute settlement undermines public choices (e.g. Vattenfall challenging the German moratorium on nuclear power, Philip Morris challenging Australia’s plain packaging regime for cigarettes) The Commission then distinguishes the remedies under
Simon Lester 21 Oct 2013 1 min read

The European Commission on Investor State, Part 2

Here's another "incorrect claim" about investor state that the European Commission responds to: Claim: Investor state dispute settlement gives too many rights to companies The Commission response is, "Wrong!"   In fact, the Commission says, such rights are "limited," as they are restricted
Simon Lester 18 Oct 2013 1 min read

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