Tag Archives: Manufacturing

A warning shot for investor-state dispute settlement under NAFTA 2.0?

The US Trade Representative (USTR) is reportedly finalizing a proposal to dramatically restructure NAFTA’s investor-state dispute settlement (ISDS) mechanism, transforming it into an “opt-in” regime under which each NAFTA state would elect whether or not to permit investors of other … Continue reading

Leave a Comment

Filed under Americas, ISDS, ISDS Reform, Public International Law, Trade law, US

What to watch for as NAFTA (re)negotiators get to work

On August 16, 2017, trade representatives of the United States, Mexico and Canada will convene in Washington, DC for the first of seven scheduled rounds of negotiations in relation to the North American Free Trade Agreement (NAFTA). The negotiations have … Continue reading

Leave a Comment

Filed under Americas, Investment Arbitration, ISDS, ISDS Reform, News, Public International Law, Trade law, Treaty negotiation, interpretation and impact, US

EU trade agreement enters into effect with five southern African countries

On 10 June 2016 the EU signed an Economic Partnership Agreement (EPA) with the Southern Africa Development Community EPA Group comprising Botswana, Lesotho, Mozambique, Namibia, South Africa and Swaziland (the SADC EPA). On 10 October 2016 that agreement entered into … Continue reading

Leave a Comment

Filed under Africa, Economic partnership agreement, EU, Trade law, Trade/WTO, Treaty negotiation, interpretation and impact

Australia and China conclude free trade agreement

On 17 November 2014, Chinese President Xi Jinping and Australian Prime Minister Tony Abbott announced that Australia and China had concluded a free trade agreement that has been under negotiation since April 2005. The agreement will now be prepared in … Continue reading

Leave a Comment

Filed under Asia, Australia, Hong Kong & China, News

NAFTA tribunal considers issues of res judicata and the customary international law minimum standard of treatment

In Apotex Holdings Inc. and Apotex Inc. v United States of America, (ICSID Case No. ARB(AF)/12/1), a NAFTA chapter eleven tribunal considered issues of res judicata and the customary international law minimum standard of treatment. In a case notable for its discussion of res judicata and the … Continue reading

Leave a Comment

Filed under Americas, Investment Arbitration

Recent developments in US legislation on modern slavery

The recent introduction of the Federal Business Supply Chain Transparency on Trafficking and Slavery Bill (H.R. 4842) on 11 June 2014 (the “Bill”) is the U.S. government’s latest initiative in developing its approach towards human rights protections in business. The … Continue reading

Leave a Comment

Filed under Americas, International Human Rights

The Alien Tort Statute – when will a claim “touch and concern” the territory of the United States?

In Kiobel v Royal Dutch Petroleum Co, the US Supreme Court held that the presumption against extraterritorial application of US laws applies to claims under the Alien Tort Statute (ATS). The Supreme Court left open the possibility of ATS claims … Continue reading

Leave a Comment

Filed under Americas, International Human Rights

Australia-Korea FTA concluded: investor-state dispute resolution mechanism included

On 5 December 2013, Australia and South Korea concluded negotiations for a Free Trade Agreement (FTA). Trade with South Korea was valued at AU$31.9 billion in 2012, making Korea Australia’s fourth biggest two-way trading partner (following China, Japan and the … Continue reading

Leave a Comment

Filed under Asia, Australia, Investment Arbitration, South East Asia, Trade/WTO, Treaty negotiation, interpretation and impact