Law Roundtable

Technical Problems 3/9/15

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International Econ Law & Policy Blog

International Economic Law and Policy Blog

“A weblog dedicated to current developments and scholarship in the field of international economic law and policy.”

March 26, 2015, 11:43 am, 1445791

Getting back to academic discussions, here's more from Freya Baetans on ISDS:

Four possible alternatives to the inclusion of ISDS in TTIP are frequently mentioned. The first would be to opt for state-to-state arbitration. However, such an option would hardly be preferable, as it will invariably politicise a dispute and blow ...

March 26, 2015, 9:43 am, 1445710

WikiLeaks has posted the Jan 20, 2015 version of the TPP investment chapter. The NY Times reports here.  I'm going to do two short posts, one on national treatment and one on the minimum standard of treatment.  Here's the national treatment provision:

Article II.4: National Treatment

March 26, 2015, 9:43 am, 1445709

Here's the minimum standard of treatment provision in the leaked TPP investment chapter (which is basically the same as the U.S. model BIT):

Article II.6: Minimum Standard of Treatment14

1. Each Party shall accord to covered investments treatment in accordance with applicable customary international law principles, including ...

March 25, 2015, 9:43 am, 1445028

Here's one more provision from that draft Indian model BIT:

Chapter V – Exceptions

Article 16: General Exceptions

16.1 Nothing in this Treaty precludes the Host State from taking actions or measures of general applicability which it considers necessary with respect to the following, including:

(i) protecting public morals or maintaining public ...

March 25, 2015, 9:43 am, 1445027

From the CBC (via Lawrence Friedman):

A woman from Corner Brook is learning about the high cost of fashion after she was fined US $250 on Monday for trying to cross the border with a sealskin purse. 

In early March, Nora Fitzgerald and her friend decided to drive across ...

March 25, 2015, 9:43 am, 1445026

The U.S. - Guatemala CAFTA labor case is heating up.  I'm going to raise the "in a manner affecting trade" issue once again.

Recall that CAFTA Article 16.2.1(a) says:

A Party shall not fail to effectively enforce its labor laws, through a sustained or recurring course ...

March 25, 2015, 9:43 am, 1445025

In the U.S. - Guatemala CAFTA labor case, there's also a really interesting issue about the use of witness statements as evidence.  Here are some excerpts from a panel ruling issued on Feb 26:

9. However, Guatemala’s letter to the panel of that same day raised new issues. It drew the ...

March 24, 2015, 3:43 pm, 1444626

The draft Indian model BIT (PDF is here), which I just heard about (from Mona Pinchis), has some new language on minimum standard of treatment:

Chapter II: Obligations of Parties

Article 3: Standard of Treatment

3.1 Each Party shall not subject Investments of Investors of the other Party to Measures ...

March 24, 2015, 1:43 pm, 1444544

This is a great opportunity to work on WTO disputes, in Geneva, with a really good group of people:

The Advisory Centre on WTO Law (ACWL) is seeking to fill a vacancy for one of our positions of Counsel.   We are looking for a lawyer with approximately one to three years experience ...

March 23, 2015, 3:43 pm, 1443958

Some people are surprised that I am so obsessed with concerned about ISDS.  I've tried explaining it in various ways, but I've had trouble getting my point across.  I think the Bilcon decision from last week can help me clarify.  (Investment Arbitration Reporter explains the case