How do decisions of the World Trade Organization (WTO) Dispute Settlement Body (DSB) relate to economic/trade gains? This is an important question to consider when evaluating the efficacy of the WTO DSB. Although it may seem obvious that a successful dispute resolution through the DSB would...

This chapter analyzes the inter-state and investor-state dispute settlement disciplines included in mega-regionals, with a specific focus on the already finalized Comprehensive Economic and Trade Agreement and the Trans-Pacific Partnership. It argues that dispute settlement disciplines...

Over the past 15 years, a significant “transparency gap” has developed between the investment treaty arbitration and international commercial arbitration regimes. With increasing frequency in investment treaty cases, the public is provided with some form of access to documents and hearings...

Comprised of 10 self-contained chapters, International Trade Law will provide readers with an understanding of the international legal framework in which trade between nations takes place. The authors detail the aims and historical development of intergovernmental and private systems of...

The crisis over appointments to the Appellate Body risks dismantling the WTO's compulsory dispute settlement system. This paper argues that solutions to the crisis that seek to overcome the opposition of the United States and reinstate the system through majority rule are legally fragile and...

There were 288 regional trade agreements in force at the end of 2018, approximately one quarter (27%) of which included digital trade provisions. These e-commerce chapters have evolved from simple statements, to more comprehensive attempts to cultivate digital trade. This article tests the...

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 paper is an editorial that discusses the attack on the WTO Appellate Body that was already begun under the Obama administration and that under the Trump administration now risks to bring about the destruction of this effective (quasi-)judicial body. It discusses in some detail the history,...

Peer pressure is a well-known phenomenon, believed responsible for everything from teenage experimentation and angst to the cliff-diving habits of lemmings. But peer pressure is less commonly thought of as a motivation for a state to act - or fail to act - in the international trade arena. The...