Investor-State Dispute Settlement in Modern Regional Trade Agreements and Reducing the Risk of “Regulatory Chill”

January 4, 2018

It is now nearly always the case that regional trade agreements (RTAs) include provisions designed to facilitate and protect foreign direct investment (FDI).  Controversially, an RTA feature o... READ MORE


The art of the free trade agreement

June 7, 2017

During their recent meeting in Germany, Prime Minister Narendra Modi and German Chancellor Angela Merkel agreed on the need to resume India-European Union (EU) free trade agreement (FTA) talks. These... READ MORE


EU-Canada Trade Agreement Wins European Parliament Green Light

February 15, 2017

The European Parliament approved a landmark free-trade agreement with Canada, shoring up Europe’s market-opening clout in the face of a populist surge across the continent and U.S. President Donald Tr... READ MORE


NAFTA Tribunal Issues Ruling in Windstream-Canada Case

December 15, 2016

An investor-state arbitration tribunal published its final ruling last week in the row between a US-based wind energy company, Windstream, and the Canadian government. The award brought an end to a... READ MORE


TPP Can Be Fixed If You Know What’s Wrong with It

December 5, 2016

President-elect Donald Trump confirmed on November 21, 2016 that he would withdraw from the Trans-Pacific Partnership (TPP) on day one of his administration. Opposition to the TPP was a central theme... READ MORE


Revised Investor-to-State Dispute Settlement Mechanism: New and Improved?

November 30, 2016

In this paper Dr. Jerzewska reviews the key criticism of ISDS in the context of new FTA negotiations taking place, the recent changes to the ISDS mechanism and the future of ISDS in FTAs.



TransCanada takes next step in NAFTA case on Keystone pipeline

July 15, 2016

Canadian energy giant TransCanada has now filed a request for investor-state arbitration in connection with the US government’s rejection last year of its application to build the cross-borde... READ MORE


The Trans-Pacific Partnership as a set of international economic rules

May 23, 2016

EU, Canada Agree on New Approach to Investment in FTA

March 1, 2016

Canada and the European Union (EU) have agreed to the inclusion in their proposed free trade agreement of a new approach to investment protection and dispute resolution. Negotiations toward an EU-Cana... READ MORE


NZ - EU FTA would benefit SMEs says McClay

February 16, 2016

New Zealand Trade Minister Todd McClay has been holding meetings about future negotiations with the EU in Brussels. A free trade agreement with the European Union would be of particular benefit to sma... READ MORE


Assessing the Trans-Pacific Partnership Volume 1: Market Access and Sectoral Issues

February 1, 2016

After five and a half years of negotiations, the Barack Obama administration concluded the most ambitious free trade deal of the postwar era on October 5, 2015. The Trans-Pacific Partnership (TPP)... READ MORE


The Trans Pacific Partnership Agreement – Commitments above WTO Level – An Analysis

January 26, 2016

The TPP was originally known as the Trans- Pacific Strategic Economic Partnership concluded in 2006 among Singapore, New Zealand, Chile and Brunei (P-4 agreement) as a means to promote trade liberaliz... READ MORE


Pacific Trade Deal Foes Say Keystone Case Shows Pact's Risk

January 6, 2016

A legal dispute over the Keystone XL oil pipeline is giving opponents of a Pacific trade agreement a fresh argument in their effort to get Congress to kill the pact. They say the case announced Wednes... READ MORE


Africa Nations to Consider Cotton Case If Nairobi Talks Fail

December 16, 2015

African nations are considering presenting a case against governments they accuse of distorting trade in cotton if this week’s negotiations in the Kenyan capital don’t deliver a favorable deal. Cotton... READ MORE


'This isn't NAFTA,' U.S. trade representative says about Trans-Pacific Partnership

December 13, 2015

After years of negotiations, the United States and 11 other Pacific Rim countries wrapped up a sweeping trade agreement in October that supporters say will eliminate obstacles such as tariffs and set... READ MORE


West Africa: FAJ Challenges Gambia Repressive Media Laws in Ecowas Court

December 9, 2015

The Federation of African Journalists (FAJ), the African Group of the International Federation of Journalists (IFJ), has filed a legal claim before the Court of the Economic Community of West African... READ MORE


Investor-State Dispute Settlement

January 1, 2015

This report is an empirical review of ISDS, based on the record of disputes under existing investment treaties.



TTIP – Is free trade coming to the north Atlantic?

May 1, 2014

The negotiations for the Transatlantic Trade and Investment Partnership are about a year old and making only slow progress. This column argues that TTIP is a long-run project that will probably tak... READ MORE


Trans-Atlantic Trade and Investment Partnership and the European Parliament

May 1, 2014

This column discusses the challenges the TTIP is likely to face after the election of a new European Parliament. Key political leaders should engage in the TTIP discussions and not leave them to th... READ MORE