The Belt and Road Initiative, formerly known as the "New Silk Road" is a central part of the People's Republic of China (PRC)'s 13th 5-year plan, an ambitious program of infrastructure project finance in 65 countries, to the tune of 1 Trillion USD invested over 20 years. Geo-politically, this...

This article is a contribution to a symposium discussing Prof. Gregory Shaffer's recent article, "Retooling Trade Agreements for Social Inclusion" (1 U. ILL. L. REV. 1 (2019). Prof. Shaffer argues that international trade law and institutions, primarily the World Trade Organization, have been...

תקציר בעברית: מערך הסכמי הגנת ההשקעות הבינלאומיות מהווה ערוץ חשוב של השפעת הגלובליזציה המשפטית על מדיניות ציבורית בישראל ובעולם. המדובר באלפי אמנות, רובן...

From a standard rational choice perspective, the choice architecture of an international trade in services liberalization scheme as structured around either positive or negative listing should not have any appreciable effect on the depth and breadth of commitment. In contrast, behavioral...

The international regulation of anti-dumping is truly a ‘grey zone’ in the sense that it sanctions legalized yet highly discretionary trade protectionism. However, to portray anti-dumping laws and practices as a grey zone of governance is something entirely different, for that might imply...

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 relationship between the general exceptions found within the General Agreement on Tariffs and Trade (GATT), and the obligations contained in the “specialized” goods texts of Annex 1A of the WTO Agreement has long been a matter of contention and legal uncertainty. Proponents of the...

This article introduces the concept of "international development disputes". It argues that despite the well-acknowledged vagueness of 'development' as an operative legal concept, there exists a set of international legal differences (primarily international economic disputes, but not...

International arbitration and Law & Economics (L&E) have two things in common. They have both been on the rise in the last decades; and they are both hotly contested and discussed in all their facets. 15 years ago, it was lamented that L&E had neglected (international) arbitration to large...

More than 3000 international investment agreements (IIAs) provide foreign investors with substantive protections in host states and access to binding investor-state dispute settlement (ISDS). In recent years, states increasingly have sought to change their treaty commitments through the...