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...

Recent challenges to public health regulation such as Indonesia's challenge to the United States' tobacco flavouring ban in the World Trade Organization (‘WTO'), and the WTO and investment treaty challenges to Australia's plain tobacco packaging scheme, have raised common problems of evidence...

This paper examines the recent WTO Panel Report in US- Clove Cigarettes within the context of the other two ongoing WTO disputes concerning US measures under the WTO's Agreement on Technical Barriers to Trade. Appeals in two of the cases are underway and the third is anticipated, providing the...

This short paper examines the decision by a binational panel constituted under Article 1904(2) of the North American Free Trade Agreement (NAFTA) in Stainless Steel Sheet and Strip In Coils From Mexico: Final Results of 2004/2005 Antidumping Review. In the course of clarifying the Chevron and...

The EC-Seal Products dispute raises fundamental questions about the relationship between public morals and international trade. Can WTO members impose trade restrictions based on moral or ethical concerns? Under what conditions can these concerns trump existing trade liberalization commitments?...