The paper proposes a critical appraisal of the possibility of transposing the national margin of appreciation doctrine as developed in the ECtHR case law to the WTO dispute settlement system on the one hand and to investor-State arbitration on the other. For that purpose, the analysis first...

In this paper we aim to explain World Trade Organization (WTO) members’ decision to initiate a dispute at the WTO. Since many potential violations of WTO law remain unchallenged, we explore the conditions under which WTO members complain about only some allegedly WTO-incompatible policies,...

In this paper we claim that, in the WTO Appellate Body (AB)'s ruling in US — Countervailing Measures (China), the AB decision has not put in question the practice of imposing countervailing duties (CVDs). While the US has formally “lost” the case, a change in the procedures and tests used...

In April 2017, a WTO panel ruled that China's anti-dumping investigation into imports of dissolving cellulose pulp from Canada violated the WTO's Anti-dumping Agreement. The panel found that China's description of the parallel price trends of dumped imports and domestic products failed to...

In December 2019 the WTO Appellate Body (AB) will cease to operate unless the United States stops blocking new appointments. The US argues the AB has exceeded its mandate and has indicated it wants to ensure that the AB performs the role originally assigned to it in 1995. This paper discusses...

This dispute concerns the measures China took to implement the Dispute Settlement Body's rulings in China–GOES (DS414), which had found a number of violations with respect to China's antidumping and countervailing duties imposed on grain oriented flat-rolled electrical steel (GOES) imported...

This paper presents a legal-economic analysis of the Appellate Body's decision that the WTO's Anti-Dumping Agreement (ADA) precludes countries from taking into account government-created price distortions of major inputs when calculating anti-dumping duties, made in EU-Biodiesel (Argentina). In...

The WTO dispute settlement system is in crisis, endangering the future of the organization. The proximate reason for alarm is the dwindling number of Appellate Body (AB) members, the result of the United States blocking new appointments as the terms of sitting members expire. The AB crisis...

Article 6 of the SPS Agreement presents a series of interlinked obligations for importing and exporting countries of diseased agricultural products. The Russia – Pigs dispute raises the question of when an importing country is justified in imposing a ban on products from exporting countries...