Trade in technology goods has increased rapidly. The twelve-year-old Information Technology Agreement (ITA) in the WTO has facilitated this process and has contributed to the dissemination of technology across the world. Yet the ITA needs to be improved to provide for further trade...

Despite being an agreement designed for the fastest developing sectors, the signatories of the Information Technology Agreement (ITA) in the World Trade Organization (WTO) have so far failed to re-negotiate the coverage of the ITA (concluded in 1996) due to a longstanding dispute amongst its...

In international relations, short-run incentives for non-cooperation often dominate. Yet, (external) institutions for enforcing cooperation are hampered by national sovereignty, supposedly strengthening the role of selfenforcing mechanisms. This paper examines their scope with a focus on...

The Brazil-Taxation dispute concerns the complaints taken to the World Trade Organisation by the European Union and Japan against seven different Brazilian industrial subsidy programmes. One concerned the automotive sector and represents a clear case of policies dictated by strong domestic...

Governments have been examining the potential role of joint government interpretations of investment treaties at OECD-hosted intergovernmental investment roundtables. Now well-established in the model BITs and treaty practice of the NAFTA governments, express provisions for such joint...

Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...

The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...

The dispute settlement mechanism (DSM) is today the most active dispute resolution forum in the world. However, its success has also led to increased processing time of disputes, which, in turn, increases the cost of using the World Trade Organization (WTO) as a way to resolve trade conflicts. I...

Our analysis covers 260 RTAs, of which 200 include at least one provision on TBT. We find that in general disputes on TBT provisions arising under RTAs are not treated differently from other type of RTA disputes. Fifteen per cent of RTAs with TBT provisions include provisions that apply...

Most specific trade concerns (STCs), which are raised before the WTO Committee on Technical Barriers to Trade (TBT Committee), disappear from the TBT Committee's meeting agendas without escalating into formal disputes. At the same time, a relatively small number of TBT-related disputes have been...