The WTO provides an opportunity to observe the recent creation, development and operation of a "hard law" adjudicative legal system, with legal subjects of greatly varying degrees of power, embedded within an intensely political environment. Between these parallel political and legal communities...

The positive theory of litigation predicts that under certain conditions plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, reveals a high disparity...

China has achieved remarkable success in building the necessary institutions for a functional legal system. However, it seems that the Chinese government is more willing to nurture rule of law in some areas, while still striving to maintain excessive administrative discretion - namely rule of...

We consider two common modes of judicial resolution: judicial discretion, where the judge or jury has broad discretion in fashioning a remedy, and winner take all where the remedy is pre-determined by the governing substantive law. We analyze these systems in light of the fact that pre-trial...

The paper is an inquiry into the possibile forms of relevance of WTO law before the Court of Justice and the Court of First Instance of the European Communities. It is a study on the differences and similarities between the judicial implementation of international law and that of WTO law before...

This contribution illustrates some unresolved issues and tensions that characterize the way the WTO deals with renewable energy subsidies. Indeed, the indisputable urgency to address the negative impacts of climate change on the one hand, and the use of subsidies to boost and support a...

The recent decision of the World Trade Organization’s Appellate Body in China-Rare Earths has put an end to the high-profile disputes over China’s policies to restrict the exportation of rare earths and other raw materials. China has lost the case, and is expected to remove the export...

One of the underappreciated developments in international trade law is the degree to which the WTO Appellate Body is failing to abide by negotiated procedural norms in reviewing Member State action. This essay highlights systemic problems with Appellate Body decision-making as reflected in the...