Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...

This is an assessment of China and U.S. litigation against each other in the WTO from 2001 through 2010. It discloses the active and aggressive nature of litigation between these two countries. It indicates an almost flawless continuation of Bush era policies by the Obama administration. If...

In probing how WTO norms may affect developing countries, Sonia Rolland introduces two paradigms in this book: development as an idiosyncrasy and development as a normative co-constituent to trade. The first paradigm concerns development-related exceptions and carve-outs found within WTO rules...

An examination of some of the recent decisions of the panels and Appellate Body demonstrates the continuing evolution of WTO trade rules through traditional processes of treaty interpretation, reference to earlier jurisprudence and judicial reasoning. The quasi-judicial development of the law in...

This chapter will analyze arguments that the World Trade Organization (WTO) suffers from a 'democratic deficit', which casts doubt on the legitimacy and desirability of its rules and policies. First this chapter outlines teh two strands of this accusation of 'democratic deficit'. That is: 1....

This article examines an attempt by the Australian Government in 2011-12 to restrict the import into Australia of timber products logged illegally in foreign states. The Illegal Logging Prohibition Bill pursues Australia’s interests in environmental protection (including sustainability,...

Although multilateral rules regulating subsidies on the basis of their effects rather than their classification have existed since the end of the Tokyo Round, the WTO dispute over implementation of the rulings in the US Cotton case is only the second time (the first time being the Follow Up to...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

Although designed to resolve private disputes, usually commercial in nature, arbitration may nevertheless encounter during its course allegations of impropriety and criminal behaviour. In the context of international commercial arbitration, the most common of those are allegations of bribery....

Throughout the course of the DSU Review, Members and commentators alike have proposed numerous modifications to the WTO DSU covering a wide range of areas. One area which has received quite a bit of attention is that of retaliatory measures in the implementation phase of the dispute settlement...