Existing formal models of the relationship between trade policy and regulatory policy suggest the potential for a regulatory race to the bottom. World Trade Organization (WTO) rules and disputes, however, center on complaints about excessively stringent regulations. This paper bridges the gap...

The 'non-violation nullification or impairment' doctrine is among the more unique and perplexing features of WTO law. We examine the scope and application of the non-violation doctrine in the GATT/WTO. Observed cases raising non-violation claims are relatively uncommon, the non-violation claims...

Central bank intervention in foreign exchange markets may, under some conditions, stimulate exports and retard imports. In the past few years, this issue has moved to center stage because of the foreign exchange policies of China. China has regularly intervened to prevent the RMB from...

The "non-violation" clause was a major focus of the drafters of GATT in 1947, and its relevance was revisited and reaffirmed with the creation of the WTO in 1995. And according to the terms-of-trade theory of trade agreements, it has an important role to play in facilitating the success of the...

Existing formal models of the relationship between trade policy and regulatory policy suggest the potential for a regulatory race to the bottom. WTO rules and disputes, however, center on complaints about excessively stringent regulations. This paper bridges the gap between the existing formal...

This paper develops a theory of the rules regarding standing and remedy in international trade and investment agreements. Regarding investment agreements, the paper argues that a credible government-to-firm commitment (or signal) that the capital importer will not engage in expropriation or...

Plaintiffs regularly bring cases in U.S. courts seeking damages for harms that have occurred abroad, attracted by higher expected returns than are available in the jurisdiction in which the harm arose. This paper focuses on the potential distortion of trade and investment patterns that can...