This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...

The EC-Seal Products dispute raises fundamental questions about the relationship between public morals and international trade. Can WTO members impose trade restrictions based on moral or ethical concerns? Under what conditions can these concerns trump existing trade liberalization commitments?...

Tobacco regulation forms a key part of responding to an acknowledged global epidemic. As tobacco regulation has intensified around the world, tobacco companies have used increasingly bold domestic and international legal challenges to defeat or delay stronger regulation. This volume offers a...

This paper examines the recent WTO Panel Report in US- Clove Cigarettes within the context of the other two ongoing WTO disputes concerning US measures under the WTO's Agreement on Technical Barriers to Trade. Appeals in two of the cases are underway and the third is anticipated, providing the...

In the wake of recent developments in United States administrative practice concerning the so-called 'zeroing' methodology in anti-dumping proceedings, it is worth looking back to certain key WTO Panel Reports issued in 2011. These decisions, and the United States' decision not to appeal them,...

Twelve-country negotiations towards the Trans-Pacific Partnership Agreement (‘TPP’) are drawing to a close. The treaty has an ambitious agenda and could radically reshape trade in the Asia-Pacific region. At the same time, the TPP obligations have the potential to significantly restrict the...

The Agreement on Technical Barriers to Trade ('TBT Agreement') of the World Trade Organization (WTO) regulates the requirements that WTO Members may impose on product labels and other 'technical regulations'. Requirements that discriminate against or between imported products are particularly...

This article explores the distinction between law and fact in the context of dispute settlement in the World Trade Organization (WTO) and, in particular, the limitation of appeals to issues of law pursuant to Article 17.6 of the Understanding on Rules and Procedures Governing the Settlement of...

As the World Trade Organization heads towards the Hong Kong Ministerial Conference in December 2005 and the Appellate Body celebrates its 10th anniversary, it is worth reflecting on the proposals advanced in the ongoing review of the Dispute Settlement Understanding that relate specifically to...