The Trans-Pacific Partnership (TPP) agreement, signed in February of 2016, is an ambitious effort to set high standards on a ‘mega-regional' level. This paper examines the TPP's investment provisions with a focus on their most controversial dimension: the extent to which they constrain the...

This article, part of a special issue of Law and Contemporary Problems on subsidiarity in international law and governance (edited by Markus Jachtenfuchs and Nico Krisch), examines from positive and descriptive perspectives the actual extent of subsidiarity-like provisions and processes in the...

The arcane distinction between rules, exceptions and autonomous rights has troubled WTO dispute settlement since its earliest days, primarily with respect to procedural burden-of-proof questions. Yet in its report, the EC-Biotech panel relied on a techno-textual understanding of this distinction...