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Tom Bollyky on the TPP Tobacco Carveout

CFR Senior Fellow, and former USTR official, Tom Bollyky makes the case for the tobacco carveout from ISDS in the TPP. Here’s an excerpt, but read the whole thing: The Obama Administration has done itself a disservice by not making the basis for the tobacco carve-out clearer. It has allowed cigarette companies to mobilize […]

More on those TPP Economic Estimates

A couple days ago, I briefly expressed skepticism about the economic estimates being offered up related to the TPP (see also here). Working independently, but with similar ideological priors, here’s my Cato colleague Dan Ikenson offering more detailed thoughts: With apologies to my trade economist friends, anyone who treats the estimates produced by economic […]

The Lawfare Podcast: Daniel Placek on Darkode

Cody Poplin is a research assistant at the Brookings Institution where he focuses on national security law and policy. He graduated from the University of North Carolina at Chapel Hill with majors in political science and peace, war, and defense. He is both a former Henry Luce Scholar and a former Herbert Scoville, Jr. Fellow. […]

How Are Aliens Treated in Domestic Courts?

From a post at the EFILA blog: An investor in a Host State court is automatically an alien, advancing a claim in a foreign court automatically places the investor at a disadvantage of itself. This seems like an assertion that could be studied empirically. How are aliens treated in domestic court, as compared […]

China NNN Agreements

Keep your IP safefrom China with an NNN agreement The first step in doing OEM manufacturing in China is finding a good factory to make your product. To protect your product at this early stage, you must require the Chinese party to execute an appropriate agreement before you reveal any information. This agreement must comply […]

The Supreme Court’s Recent Confirmation that Yearsley Derivative Sovereign Immunity Extends Beyond Public Works Projects

On January 20, 2016, the Supreme Court clarified the scope of Yearsley immunity a form of derivative sovereign immunity available to qualifying government contractors in its decision in Campbell-Ewald Co. v. Gomez. Until two weeks ago, many courts had misconstrued the Supreme Courts 1940 decision, Yearsley v. W.A. Ross Const. Co., 309 U.S. 18, 60 […]

Lawlessness on U.S.-Cuba Policy, the New Normal

Cuba is far from being an emerging economy; because of political and economic immaturity, they are more akin to an underdeveloped nation. No matter how hard the Obama administration tries to subvert U.S. law through the regulatory process, and make no mistake about it, they have been doing so, Cuba remains afrontier market that also […]

Shany: International Human Rights Bodies and the Little-Realized Threat of Fragmentation

Yuval Shany (Hebrew Univ. of Jerusalem – Law) has posted International Human Rights Bodies and the Little-Realized Threat of Fragmentation. Here’s the abstract: This note discusses the coordination problems encountered by international human rights bodies, who apply comparable legal standards emanating from separate treaties, and confront significant challenges of procedural coordination and normative harmonization. Particular […]

The ITC's Assessment of the TPP

This is from Congressman Sandy Levin’s testimony to the ITC on the impact of the TPP on the U.S. economy: We all recognize that trade can be beneficial. The issue is not whether Members of Congress such as myself could pass an Econ 101 class, as President George W. Bushs Chair of the Council […]

What do you know about your batteries?

By Dr. RebeccaDeWinter-Schmitt,Director, Human Rights in Business Program, Center for Human Rights and Humanitarian Law, American University Washington College of Law Lithium-ion rechargeable batteries. They are in your mobile phones, tablets, laptops, and cameras, and even power electric cars. But did you know that cobalt is a key component of those batteries? Where does cobalt […]