This article argues that the use of principles in WTO dispute resolution is both necessary and desirable. However, Panels and the Appellate Body (WTO Tribunals) have often ignored principles or not clearly identified the legal basis for their use. This article establishes a framework for the use...

This article considers the role of proportionality in determining the level and type of remedies available to World Trade Organization Members for violations of legal obligations or for certain other undesirable or unfair conduct. As an aid to interpretation, proportionality confirms the purpose...

This chapter evaluates a number of special legal issues facing the negotiating parties of the Trans-Pacific Partnership Agreement (‘TPP') as they develop a formal State-State dispute settlement mechanism. In particular, it looks at issues relating to conflicts of norms, conflicts of...

Host states not infrequently find themselves responding to claims by investors under international investment agreements (‘IIAs') following a series of corporate steps to enable the claim to take place: restructuring of existing chains of corporate ownership; transfers of assets to new or...

This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...

Due process is a necessary component of any legal system seeking legitimacy and effectiveness. The dispute settlement system of the WTO is no exception. Indeed, the potentially vast political and economic effects of trade liberalization and protectionism, the opportunity for Members to challenge...

The concept of ‘necessity’ is used in many legal systems to delimit permissible measures from prohibited measures where such measures negatively affect the regime’s primary values, such as human rights, liberalized trade, and unimpeded use of an investment. International investment...