This paper argues that, by committing a series of egregious interpretative errors in cases with important policy consequences and by adopting an overly strict approach to the use of precedent, the AB drove itself into the crisis it is currently going through. It also proposes a blueprint to...

In the area of dispute resolution, the U.S. FTAs with Arab countries share some commonalities. However, the US – JO FTA clearly differs from other U.S. FTAs with Arab countries. Areas of difference include treatment of perishable goods, appeal, panel report, and implementation of panel report....

Comprised of 10 self-contained chapters, International Trade Law will provide readers with an understanding of the international legal framework in which trade between nations takes place. The authors detail the aims and historical development of intergovernmental and private systems of...

With the likely demise of the WTO dispute settlement mechanism as of December 11, 2019, the question arises as to whether regional trade agreement (RTA) dispute settlement mechanisms such as those in the recent US-Mexico-Canada Agreement can provide an acceptable alternative. The paper concludes...

In October 2018, Trump, alongside his Mexican and Canadian counterparts, delivered what many have dubbed “NAFTA 2.0.” But the new U.S.–Mexico–Canada Agreement (USMCA) adopts not only a new name, but also a new approach to ISDS within its Chapter 14. On November 30, 2018 the leaders of...

In Philippines - Distilled Spirits, the Appellate Body of the WTO reaffirmed that the determination of 'likeness' in the GATT should be about the competitive relationship between products. A coherent methodology for the determination of 'likeness' has finally begun to emerge, with the same...

Multilateralism is associated with a variety of benefits. Involving more states can help monitor compliance and contribute toward enforcement. Yet, in international dispute settlement, multilateralism can backfire. When legal processes are open to participation by non-litigant countries,...

Access to Court is a gobal principle, though the consequences of this principle are interpreted differently in the U.S. and Europe. Neither International Commercial Arbitration nor International Litigation can offer an effective access to court for cross-border commercial contracts. Whereas...

President Obama's major trade initiatives, the Trans-Pacific Partnership, the Transatlantic Trade and Investment Partnership, and obtaining fast-track trade negotiating authority from Congress, have run into a buzz saw of opposition, which has derailed prospects for U.S. trade liberalization for...

This is an advanced unedited manuscript version of a paper to be published. It addresses the interplay between WTO dispute settlement and dispute settlement within a preferential or regional trade agreement