received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key … criticism levelled at investment treaty arbitration is that public interest disputes are decided by a system of private justice …. This article critically reviews the dominant interpretations of investment treaty arbitration as public, private, or hybrid …

The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and … of a political explanation of investment arbitration, we reconstruct the conflict about investor-state dispute settlement … interests of different actors shape the design of the institution. Investment arbitration has become politicized. On a …

Organization (WTO), and Appellate Body decisions. The authors argue that border measures—both import restrictive measures and … challenged in the WTO. Given the prospect of foreseeable conflicts with WTO rules, the authors suggest that key WTO members … are imposed in a manner broadly consistent with core WTO principles even if a technical violation of WTO law could occur …

under the GATS are vague concerning the criteria which should be used to establish likeness. Discussions among WTO Members …

investigations by reviewing the literature, the applicable WTO rules and, in particular, the pertinent case law. The potential value …

versus export promotion and use the Bagwell and Staiger interpretation of the WTO principle of reciprocity to provide a … political-legal-economic decision on a WTO-consistent counterfactual to use to implement the formula, and iii) the quantitative … methods they use to necessarily construct the (unobserved) WTO-consistent counterfactual. We examine not only the arbitrations …

in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the … between them. The basic conclusion is that legislators' silence concerning this relationship should speak volumes to WTO … adjudicating bodies: MEAs should not be automatically understood as imposing legally binding obligations on WTO Members, but could …