At its November 2008 meeting, the Committee on Legal Issues and International Labour Standards of the International Labour Organization's (ILO) Governing Body recommended that the International Labour Office prepare a study on improving the interpretation and implementation of international...

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...

In this paper we assess the quality and coherence of the use of economics in dispute settlement in two fields of international economic law: international trade and international investment law. We argue that four economic concepts are frequently used and/or of critical importance for both...

The general and specific obligations undertaken under the General Agreement on Trade in Services (GATS) by Members in relation to non-discrimination and market access and a level playing field in services, may under certain circumstances, considerably restrict the pursuit of equally legitimate,...

Agreed commitments under GATS — both general and specific — amount to substantial qualifications to the exercise of sovereignty and powers in shaping domestic regulation of services. Members therefore agreed to introduce security exceptions aimed to preserve Members’ freedom of action in...

This Article observes that the recent jurisprudence between international trade and investment law is converging in a way which the free market value and public interests are duly reconciled. The Article contends that such jurisprudential convergence is structurally preordained yet historically...

Why does the United States ever prefer to settle disputes under a system of rules rather than a system of negotiations? Powerful states are advantaged by negotiation-based approaches to settling disagreements because they have the resources to resolve individual disputes on favorable terms. By...

This paper examines, from a multidisciplinary perspective, plausible hypotheses for implementation of border carbon adjustment mechanisms, seen as a complement to strong environmental regulation. It highlights economic, legal, and political difficulties raised by border carbon adjustments. After...

The frequency, severity and economic impact of natural disasters are growing. Import surges resulting from disaster-response efforts can highlight underlying structural failings in the border clearance regimes of disaster-affected countries. Relief supplies, specialized personnel and agencies...