Remedies in international law present an intriguing challenge: what happens if a sovereign state refuses to comply with its obligations, even after an international adjudicatory body has ruled in its disfavour? The absence of compulsory enforcement arguably means that international law as a...

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...

This paper addresses the paradox of trade dispute settlement in which countries allocate resources to the creation of dispute settlement mechanisms in regional trade agreements even as the WTO's system has become the primary forum for the arbitration of state-to-state disputes. I argue that...

The positive theory of litigation predicts that under certain conditions plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, reveals a high disparity...

The law of the sea is no more than a part of international law. Though there is a special international tribunal in this area for the law of the sea, the maritime dispute settlement still defer to the framework of dispute settlement of international law. This note will take an opportunity to...

This paper hypothesizes that the inclusion of provisions for the settlement of disputes in regional agreements may ultimately enhance, rather than disrupt, the centrality of the WTO's dispute settlement system. Using a dataset that organizes exclusion clauses and special provisions for dispute...

On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. During its first ten years, the DSU has since been applied to 324 complaints - more cases than dispute settlement under the GATT 1947 had dealt with in nearly five decades....

What is the role of economic evidence and arguments in WTO and investor-state dispute settlement? Both regimes epitomize the search for an international rule of law and legal stability. At the same time, both trade and investment agreements are economic contracts. Economics provides insights not...