Challenging Trade Remedy Measures before an Investor-State Dispute Settlement System (ISDS)

Date:November 22, 2021 (Monday)

Time:12:30 – 1:30 PM (Beijing time)

Speaker：

Dr. Sungjin Kang, lawyer at Kim & Chang

Panelists：

Asif H Qureshi, Professor of Law at STL

Mark Feldman, Professor of Law at STL

Abstract:

For the last few years, trade remedies draw attention by more states to protect their domestic industries against the imports. As a result, the number and magnitude of trade remedies around the world

significantly increased. At the same time, because of the weakened WTO dispute settlement system, scholars and practitioners are wondering which international dispute settlement system may function to review the trade remedy measures. It is why some of them came to consider investor State dispute settlement system (ISDS) as an alternative to the WTO dispute settlement system to challenge a state’s trade remedy measures.

The presenter will discuss 1) whether the trade measures may be subject to ISDS; 2) pros and cons of challenging trade remedies before the ISDS comparing to the WTO dispute settlement; 3) which trade remedies may be more suitable for ISDS.