Most specific trade concerns (STCs), which are raised before the WTO Committee on Technical Barriers to Trade (TBT Committee), disappear from the TBT Committee's meeting agendas without escalating into formal disputes. At the same time, a relatively small number of TBT-related disputes have been...

The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...

This article, written for a conference on improving investor-state dispute settlement (ISDS), compares the resolution of investor-state disputes under bilateral investment treaties and free trade agreements with investment chapters, with state-state dispute settlement under the World Trade...

The investment treaty arbitral tribunals had experienced a significant rise in the disputes initiated for non-commercial activities, such as environment protection, public health, human rights and labour standards. It has witnessed the increased involvement of civil society as non-disputing...

This commentary examines the recent Appellate Body Report in Russia – Pigs. This case is salient because it offers further clarification of the principle of regionalisation in the context of WTO law. By reading the different terms of Article 6 of the SPS Agreement in a holistic way, the...

National courts and arbitration laws around the globe have long proclaimed that antitrust claims are arbitrable, that is they can be submitted to and resolved in arbitration. The number of antitrust arbitrations has reportedly grown in recent years, providing a feasible route for private...

Mainstream international trade law scholars have commented positively on the work of World Trade Organization (WTO) adjudicators. This favorable view is both echoed and challenged by empirical scholarship that shows a high disparity between Complainant and Respondent success rates (Complainants...

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...

The WTO's Dispute Settlement Mechanism (DSM) has been hailed as a fundamental aspect of the Multilateral Trading System for developing countries. At the same time developing countries face many challenges to ensure their effective participation in the mechanism. This paper presents statistical...