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ISDS Reform: Designing Permanent Institutions at Working Group III

Last week, the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII) turned squarely to designing permanent adjudicative institutions for the resolution of investment disputes. As readers of this blog may be aware, WGIII is charged with developing multilateral reforms to the current ad hoc system of
Julian Arato 26 Jan 2020 9 min read

Blog Review of Quinn Slobodian's "Globalists"

I wish the trade wars would slow down a bit so I could do more reflective thinking about big picture issues, rather than constantly monitoring twitter for the latest trade emergency. That doesn't look it will happen any time soon, but I was able to fit in a
Simon Lester 24 Jan 2020 11 min read

Joe Biden on Trade Policy

This is from a Joe Biden interview with the NY Times editorial board: BA: You’ve talked about the urgency of the climate change. The new NAFTA agreement includes no measures aimed at dealing with climate change. At what point should Democrats stop voting for international agreements that fail to
Simon Lester 20 Jan 2020 3 min read

Call for Papers - Rethinking the Role of Institutions in Economic Integration

The law journal Legal Issues of Economic Integration will be holding a conference to assess the changing role of institutions in economic integration, including proposed, contested and new institutions in bilateral, regional and global settings. The conference will take place at the Amsterdam Law School on 8 May 2020.  Proposals
Simon Lester 20 Jan 2020 1 min read

The Uniqueness of WTO Court Elections as Compared to other Multilateral Courts

The Uniqueness of WTO Court Elections as Compared to other Multilateral Courts Alexandra Dobre* and Steve Charnovitz The process and structure of multilateral court elections differ across courts in criteria such as judges’ term lengths, nomination and appointment procedures, possibility for reappointment, desired qualifications, and more. In analyzing the International
Charnovitz 19 Jan 2020 8 min read

CfP: International Investment Law & State Capitalism Colloquium

This is an announcement by the joint organizers of the International Investment Law & State Capitalism Colloquium from Athens PIL; the Tilburg Law and Economics Center (TILEC) at Tilburg University (the Netherlands); and Hamad Bin Khalifa University (HBKU) College of Law (Qatar): The Athens Public International Law Center (Athens PIL)
Inu Manak 18 Jan 2020 1 min read

So Many Questions About the U.S.-China Trade Deal

Having had the text of the U.S. - China "Phase One" trade deal for almost 48 hours, I have so many questions. Here are a few of them: 1. What exactly did China agree to? There are a lot of obligations in here, and many of them
Simon Lester 17 Jan 2020 3 min read

Notification of a Decision To Appeal vs. Notice of Appeal

As I've mentioned a couple times already (sorry, but this intrigues me!), the U.S. filed a notification of appeal in relation to the DS436 Article 21.5 panel report. The U.S. notification said this: the United States hereby notifies the Dispute Settlement Body of its decision
Simon Lester 17 Jan 2020 2 min read

The U.S.-China Trade Deal Dispute Chapter: Effective Enforcement or Just More Tariffs?

As I first talked about here, it appears that the Trump administration has convinced China to sign on to a new kind of "unilateral" dispute resolution process as part of the the Economic and Trade Agreement between the U.S. and China, which was released today. Here'
Simon Lester 15 Jan 2020 4 min read

Trade in Last Night's Democratic Debate

All the candidates on the stage got a chance to weigh in on trade in last night's Democratic debate. Here's what they said: PFANNENSTIEL: Thank you, Mr. Steyer. Let's stay with the theme of America's role in the world and talk about
Simon Lester 15 Jan 2020 8 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part I

Thanks to Simon for kickstarting a debate on the prospect of bringing economic security provisions into trade agreements, and for allowing me to respond here.
26 Nov 2025 4 min read

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