Joshua Paine @jpaine.bsky.social · 27/08/2026draw on the environment chapters of earlier US FTAs. However, there are some noteworthy variations and innovations in the ARTs. It also shows that while there is a relatively standardized core of environmental commitments in all 10 ARTs, there are some noteworthy differences between the ARTs. /2 010
Joshua Paine @jpaine.bsky.social · 27/08/2026I have a new blogpost out on ‘Environmental Provisions in the US Agreements on Reciprocal Trade’ tessforum.org/latest/envir... This post analyses and contrasts the environmental provisions in the 10 US ARTs concluded to date. It shows that in many respects the environmental provisions in the ARTs /1tessforum.orgEnvironmental Provisions in the US Agreements on Reciprocal Trade 122
Reposted by Joshua PainePeter Ungphakorn @coppetainpu.bsky.social · 08/11/2025Remember "WTO reform"? Norway Ambassador Petter Ølberg on his latest consultations. Full text ⬇️ contains details of what's been discussed, eg subsidies and voting in the absence of consensus. Short preface co-authored with @bobwolfe.bsky.social tradebetablog.wordpress.com/text-olbergs...tradebetablog.wordpress.comText: ‘facilitator’ Ølberg’s November 2025 report on WTO reform talksAny notion that these will be resolved by the next Ministerial Conference has disappeared. Instead, Ølberg speaks of scoping issues and identifying options to present to ministers 044
Joshua Paine @jpaine.bsky.social · 29/08/2025'The new grouping, to be called the Future of Investment and Trade Partnership, or “FIT-P”, is expected to include about 10 countries, with New Zealand joining Singapore and the UAE as core founding members' on.ft.com/3JCgbDe via @FTon.ft.comSingapore, UAE and other small nations to launch trade partnershipWTO members seek to boost ‘trade openness’ in era of Donald Trump’s protectionism 120
Reposted by Joshua PaineEJIL: Talk! @ejiltalk.bsky.social · 22/08/2025ICJ Advisory Opinion on Climate Change: The Variable and Evolutive Nature of Due Diligence Obligations | by Joshua Paineejiltalk.orgICJ Advisory Opinion on Climate Change: The Variable and Evolutive Nature of Due Diligence ObligationsThis post focuses on the concept of due diligence in the International Court of Justice (ICJ)’s Advisory Opinion in Obligations of States in respect of Climate Change (for earlier posts analysing othe... 012
Joshua Paine @jpaine.bsky.social · 21/08/2025My two cents on the ICJ’s Climate Change Advisory Opinion now published at @ejiltalk.bsky.social ‘ICJ Advisory Opinion on Climate Change: The Variable and Evolutive Nature of Due Diligence Obligations’. www.ejiltalk.org/icj-advisory... Thanks to @dchovell.bsky.social for comments on earlier drafts.ejiltalk.orgICJ Advisory Opinion on Climate Change: The Variable and Evolutive Nature of Due Diligence ObligationsThis post focuses on the concept of due diligence in the International Court of Justice (ICJ)’s Advisory Opinion in Obligations of States in respect of Climate Change (for earlier posts analysing othe... 031
Reposted by Joshua PaineBart-Jaap Verbeek @bjverbeek.bsky.social · 08/08/2025🚨 West Cumbria Mining is suing the UK under the UK–Singapore #BIT after the High Court blocked its controversial #coal mine #Whitehaven #WoodhouseColliery. Exiting the #ECT isn’t enough, thousands of investment treaties still threaten #ClimateJustice #StopISDS 167
Reposted by Joshua PaineTrade and Investment Research Project @ccpa-tirp.bsky.social · 22/07/2025The Trump mafia and Indonesian gov have agreed to a framework for working out non-tariff trade irritants—at some point in the future. Cost to Indonesia: 19% tariffs on exports to US. www.whitehouse.gov/briefings-st...whitehouse.govJoint Statement on Framework for United States-Indonesia Agreement on Reciprocal TradeToday, the United States of America (the United States) and the Republic of Indonesia (Indonesia) agreed to a Framework for negotiating an Agreement on 011
Joshua Paine @jpaine.bsky.social · 18/06/2025Mali court deals blow to Barrick Mining in dispute over gold project - on.ft.com/4e9TMIp via @FTon.ft.comMali court deals blow to Barrick Mining in dispute over gold projectCourt appoints administrators to reopen shuttered mine against Canadian owner’s wishes 000
Reposted by Joshua PaineBorderlex @borderlex.net · 16/06/2025Canada agrees to resume FTA talks w/ the UK nearly 18 months after Ottawa halted negotiations. Canada also agrees to ratify the UK's #CPTPP accession during a bilateral meeting ahead of the #G7 summit @chrishorseman.bsky.social covers everything you need to know👇 🇨🇦🇬🇧🇨🇦🇬🇧 borderlex.net/2025/06/16/c...borderlex.netCanada to resume trade talks with UK, ratify CPTPP accession - BorderlexBritain and Canada will resume negotiations on a bilateral free trade agreement, almost 18 months after talks on a trade deal initially broke down.Canada will also proceed with ratification of Britain... 101
Reposted by Joshua PaineRob Francis @robfranciseu.bsky.social · 12/06/2025The agenda for the next meeting of the European Parliament's trade committee on 23-34 June is out - lots of juicy nuggets to get your teeth into, whether its US trade relations, Israel, or the EU's first "CTIP" agreement with South Africa www.europarl.europa.eu/doceo/docume...europarl.europa.euDRAFT AGENDA - Monday, 23 June 2025 - Tuesday, 24 June 2025 | INTA_OJ(2025)06-23_1 | European ParliamentDRAFT AGENDA - Monday, 23 June 2025 - Tuesday, 24 June 2025 011
Joshua Paine @jpaine.bsky.social · 03/06/2025I have a blogpost just out with @ejiltalk.bsky.social on 'A Multilateral Instrument on ISDS Reform (MIIR): Selected Design Issues'. Thanks to Colin Brown, Taylor St John and @dchovell.bsky.social for comments on earlier drafts of the post. 051
Reposted by Joshua PaineSteve Peers @stevepeers.bsky.social · 19/05/2025Text of the EU/UK reset - common understanding Some first thoughts 1/ ec.europa.eu/commission/p...ec.europa.euA renewed agenda for European Union – United Kingdom cooperation Common UnderstandingI. Introduction\n1. In view of the United Kingdom - European Union summit of 19 May 2025, the European Commission and the United Kingdom explored areas with the potential to strengthen bilateral coope... 18343
Joshua Paine @jpaine.bsky.social · 17/05/2025Yes that's definitely right. Japan's reported idea reminded me somewhat of the investment promotion chapter in the India-EFTA TEPA, where there's a goal in terms of EFTA FDI into India specified. 100
Joshua Paine @jpaine.bsky.social · 17/05/2025Ah ok, as in they are often either recycled announcements, commitments without a clear time frame etc. 110
Joshua Paine @jpaine.bsky.social · 16/05/2025Simon, could you pls expand a little on why you say that? We have things like the FDI data regularly published by OECD, UNCTAD. 100
Joshua Paine @jpaine.bsky.social · 16/05/2025'One early proposal from Japan, according to officials, was to link levels of investment in the US by Japanese companies with percentage-point cuts to tariffs.' Japan to hold out for better trade deal with US - on.ft.com/4dFCaUV via @FTon.ft.comJapan to hold out for better trade deal with USPrime Minister Shigeru Ishiba’s unpopular government fears concessions could prompt electoral backlash 032
Joshua Paine @jpaine.bsky.social · 14/05/2025"Even landlocked member states are vocally supportive of the commission in pushing for a hard link” between fisheries and a veterinary deal ... a third EU diplomat said. Plans to reset UK-EU relations hit trouble over fishing rights and youth mobility - on.ft.com/4dsCQwz via @FTon.ft.comPlans to reset UK-EU relations hit trouble over fishing rights and youth mobilityMember states reject Brussels’ latest efforts to bridge gaps between the two sides 000
Reposted by Joshua PaineSimon Lester @simonlester.com · 09/05/2025USTR just posted what it described as the US-UK "Agreement in Principle" ustr.gov/sites/defaul...ustr.gov 286
Joshua Paine @jpaine.bsky.social · 06/05/2025'Meanwhile, financial services will be covered by talks over a bilateral investment treaty. While negotiations on that treaty were conducted in parallel with free trade talks, differences remain and so talks will continue.' www.reuters.com/world/india/...reuters.comBritain and India clinch landmark trade deal in shadow of Trump's tariffsIt represents Britain's most significant post-Brexit agreement. 000
Joshua Paine @jpaine.bsky.social · 06/05/2025I don't follow the link between non-conclusion of the BIT and the services coverage of the FTA, unless the BIT is anticipated to include investment liberalisation commitments in those services sectors. /2 010
Joshua Paine @jpaine.bsky.social · 06/05/2025'Parallel talks to agree a bilateral investment treaty, which would establish legal protections for investments between the UK and India, have not yet reached resolution. As a result, the deal does not include the financial services or legal services sectors.' /1 www.theguardian.com/politics/202...theguardian.comUK and India agree ‘landmark’ trade deal after three years of negotiationsDeal could help UK industries hit by Trump tariffs, as ministers say it will add £4.8bn a year to economy by 2040 100
Reposted by Joshua PaineRob Francis @robfranciseu.bsky.social · 06/05/2025The EU and Côte d'Ivoire launch talks on a sustainable investment facilitation pact. The European Commission wants talks to conclude next year. All the latest by me below for @borderlex.net borderlex.net/2025/05/06/e...borderlex.netEU, Côte d'Ivoire launch sustainable investment talks - BorderlexThe European Union and Côte d’Ivoire launched negotiations on a sustainable investment facilitation agreement. 112
Joshua Paine @jpaine.bsky.social · 06/05/2025Do you have a Commission or Council link for this? Read your borderlex story w interest but couldn't find anything official online about it. Thanks. 100
Joshua Paine @jpaine.bsky.social · 06/05/2025'Although talks on the investment treaty continue, there’s still no clear timeline for when — or if — a deal will ever be agreed.' 043
Joshua Paine @jpaine.bsky.social · 30/04/2025UK and India locked in final stages of trade talks - giftarticle.ft.com/giftarticle/... via @FTgiftarticle.ft.comUK and India locked in final stages of trade talksMinisters attempt to resolve remaining areas of disagreement in London talks this week 000
Joshua Paine @jpaine.bsky.social · 24/04/2025Donald Trump orders speedier permits for deep-sea mineral projects - on.ft.com/42RoqRR via @FTon.ft.comDonald Trump orders speedier permits for deep-sea mineral projectsUS president’s move is part of effort to bolster supply of critical resources 000
Joshua Paine @jpaine.bsky.social · 23/04/2025'Two EU officials said the CAI would not be revived as the situation had changed so much'. China to lift sanctions on MEPs in bid to revive trade deal with EU - on.ft.com/4iOiZsZ via @FTon.ft.comChina to lift sanctions on MEPs in bid to revive trade deal with EUBeijing steps up efforts to woo Brussels as 145% tariffs imposed by the US seal off its biggest market 000
Reposted by Joshua PaineKyla Tienhaara @kylat.bsky.social · 14/04/2025What is feigned victimization and how is it used by fossil fuel companies to achieve capital accumulation and climate obstruction?doi.orgClimate obstruction and capital accumulation by feigned victimization: TC Energy and the political economy of investor-state dispute settlement | Business and Politics | Cambridge CoreClimate obstruction and capital accumulation by feigned victimization: TC Energy and the political economy of investor-state dispute settlement 189
Joshua Paine @jpaine.bsky.social · 14/04/2025This story flags the UK-China BIT. But n.b. the relatively narrow ISDS clause in the treaty (covers investor-State disputes 'concerning an amount of compensation'). British Steel crisis spurs greater scrutiny of Chinese investment in UK - on.ft.com/4lKtUGK via @FTon.ft.comBritish Steel crisis spurs greater scrutiny of Chinese investment in UKMinisters urged to review Beijing’s role in critical national infrastructure and supply chains 010
Joshua Paine @jpaine.bsky.social · 10/04/2025EU could tax Big Tech if Trump trade talks fail, says von der Leyen - on.ft.com/3Yptuvc via @FTon.ft.comEU could tax Big Tech if Trump trade talks fail, says von der LeyenEuropean Commission president tells FT she wants ‘balanced’ deal but could hit US services in retaliation 021
Reposted by Joshua PaineBrett Fortnam @brettfortnam.bsky.social · 02/04/2025Some important details on the tariff order Trump just signed (1/n) (read this story for all the details: insidetrade.com/daily-news/t...)insidetrade.comUPDATE: Trump imposes 10 percent baseline tariff and ‘reciprocal’ duties for dozens of countries | InsideTrade.comThe U.S. will impose a 10 percent tariff on all trading partners as well as individualized, "reciprocal tariffs" for a slew of countries that treat the U.S. unfairly, President Trump announced on Wedn... 14025
Joshua Paine @jpaine.bsky.social · 01/04/2025'First Quantum said on Monday it suspended an arbitration notice it had filed under a Canada-Panama bilateral free trade deal, and dropped another case filed with the Paris-based International Chamber of Commerce’s International Court of Arbitration.' on.ft.com/4i00FfX via @FTon.ft.comCanadian copper miner drops $20bn arbitration demand against PanamaFirst Quantum decision suggests movement to resolve investor dispute with Central American government 010
Joshua Paine @jpaine.bsky.social · 01/04/2025'Britain has offered to scrap or scale back its digital services tax and has discussed cutting 20 per cent tariffs on some fish and seafood products deemed by the US government as being “high”.' Keir Starmer braced for Trump tariffs as UK seeks better outcome than EU - on.ft.com/41SsWAf via @FTon.ft.comKeir Starmer braced for Trump tariffs as UK seeks better outcome than EUPrime minister still hopes to secure a trade deal with the US president 021
Reposted by Joshua PaineInternational & Comparative Law Quarterly @iclq.bsky.social · 31/03/2025Have you read the latest ICLQ issue? Excellent articles on #investmentlaw, #humanrightsatsea, #lawofneutrality and #governmentliability in tort for the #waronterror, among others. 9 of the 10 articles are #OpenAccess. www.cambridge.org/core/journal... 064
Joshua Paine @jpaine.bsky.social · 27/03/2025EU looks to hit Big Tech in crackdown on US services exports - on.ft.com/41RTSAg via @FTon.ft.comEU looks to hit Big Tech in crackdown on US services exportsScale of tariff action by Trump administration requires bloc to consider using more powerful trade tools, officials say 041
Joshua Paine @jpaine.bsky.social · 26/03/2025Donald Trump to impose 25% tariff on US auto imports - on.ft.com/42k1RpK via @FTon.ft.comDonald Trump to impose 25% tariff on US auto importsNew levy marks significant escalation in president’s trade war 011
Reposted by Joshua PaineEdward Guntrip @ejguntrip.bsky.social · 25/03/2025I am excited to announce the publication of this Academic Forum on ISDS Concept Paper, co-authored with @jpaine.bsky.social and Catharine Titi. Our paper examines the scope of UNCITRAL WGIII's mandate when reforms span procedural and substantive aspects of ISDS. papers.ssrn.com/sol3/papers....papers.ssrn.comThe Intersection of Substance and Procedure in the Work of UNCITRAL Working Group III: The Questions of Damages, the Right to Regulate and CounterclaimsThis work represents the views of the individual authors and not necessarily those of the Academic Forum on ISDS and its members. The Academic Forum on ISDS doe 052
Joshua Paine @jpaine.bsky.social · 14/03/2025Looking forward to catching up w many colleagues at the SIEL conference in July. I'll be presenting a paper on 'Novel Forms of Investment-Related International Agreements: Moving beyond IIAs focused on Investment Protection and ISDS?'. 030
Joshua Paine @jpaine.bsky.social · 13/03/2025'The country was “not on the frontier of best practice”, the OECD said last year, citing protracted screenings of foreign investments and controls on foreign ownership of assets including natural resources. It described inward FDI as “small” for an open economy.'on.ft.comNew Zealand pitches itself as ‘safe harbour’ for foreign investmentsPM Christopher Luxon looks to put country ‘squarely on the map’ after Jacinda Ardern era 000
Reposted by Joshua PaineFederico Ortino @federico-ortino.bsky.social · 07/03/2025Government of Canada announced that it would take action under the Investment Canada Act to protect Canadian companies from foreign investors looking to capitalize on the current economic uncertainty and weakening Canadian dollar. Modified guidelines below: ised-isde.canada.ca/site/investm...ised-isde.canada.caGuidelines on the National Security Review of Investments - Investment Canada ActGuidelines on the National Security Review of Investments 13819
Reposted by Joshua PaineMike Becker @mikebecker.bsky.social · 06/03/2025Before people get too drawn into this, there is a significant jurisdictional obstacle here for #Sudan: #UAE made a reservation to Article IX when acceding to the #GenocideConvention. In other words, the UAE does *not* consent to #ICJ jurisdiction over Genocide Convention disputes. 11512
Joshua Paine @jpaine.bsky.social · 03/03/2025Europeans move towards seizing €200bn of Russian assets - on.ft.com/41B4iUx via @FTon.ft.comEuropeans move towards seizing €200bn of Russian assetsFrench discuss proposal for Kremlin to lose securities if it breaches a future ceasefire 030
Reposted by Joshua PaineAdil Haque @adhaque.bsky.social · 03/03/2025The International Court of Justice has elected Judge Iwasawa Yuji as President until 2027. 183
Reposted by Joshua PaineCambridge University Press - Law @cambup-law.cambridge.org · 05/02/2025The Functions of International Adjudication and International Environmental Litigation by Joshua Paine Uses the focus of environmental disputes to develop a novel comparative analysis of the functions of international courts and tribunals. 📚 cup.org/42HatHCcup.orgThe Functions of International Adjudication and International Environmental LitigationCambridge Core - UN and International Organisations - The Functions of International Adjudication and International Environmental Litigation 011
Joshua Paine @jpaine.bsky.social · 27/02/2025'British officials said the two sides were aiming for a phased economic and tech agreement that stopped short of a full free trade agreement'. My guess - might only amount to a non-binding MoU.on.ft.comUS and UK in talks on trade deal that could spare Britain from tariffsDonald Trump says America is looking to forge pact as ‘quickly as it can be done’ 100
Joshua Paine @jpaine.bsky.social · 26/02/2025Text of Ukraine-US minerals agreement: 'This Bilateral Agreement is binding and will be implemented by each Participant according to its domestic procedures.' 010
Joshua Paine @jpaine.bsky.social · 25/02/2025Trump Announces Inquiry That Could Lead to Tariffs on Copper www.nytimes.com/2025/02/25/u...nytimes.comTrump Announces Inquiry That Could Lead to Tariffs on CopperTariffs, if they are imposed, could boost U.S. production of a valuable resource but also raise costs for automakers, construction companies and others. 000
Joshua Paine @jpaine.bsky.social · 19/02/2025On the IFDA 'India continued its outright opposition. South Africa and Türkiye continued to say they are still studying the proposal and are not yet ready to accept it.' 010