Trade policy commitments to lower import tariffs and to maintain tariffs at low levels entail short and long-run political-economic costs and benefits. Empirical work examining the relationship between such commitments and the exercise of trade policy flexibilities is still relatively nascent,...

This paper explores whether in an investor-state arbitration the state sovereignty poses a challenge to the arbitral tribunal in ordering interim measures in aid of arbitration. It also examines whether the arbitral tribunal can order interim measures that are binding on the state party and...

Disputed maritime areas are often sources of valuable natural resources, but they are also often sources of conflict. It is thus important for investors investing in such areas to know the array of investment protection mechanisms available to them. This article examines four such mechanisms...

This book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a 'normative' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater...

This article is divided into five parts, including this brief introduction and an equally brief conclusion in Parts I and V, respectively. Part II examines the specific ways to interpret, amend and terminate international investment agreements indicating how they are unique as well as similar to...

The importance of courts is shrinking. This is largely due to global dejudicialization: the process of outsourcing disputes to private dispute resolution. In the last several decades, along with the triumph of neoliberalism, privatization of the resolution of disputes has become the gospel of...

As economic populism and protectionism increasingly threatens the global trade order, this book examines the behavior of World Trade Organization (WTO) members at the judicial arm of the WTO - the dispute settlement mechanism (DSM). The author explores why and when governments cooperate at the...