How will green energy measures fare when examined under the microscope of the WTO Agreement on Subsidies and Countervailing Measures? Will they be found to be inconsistent with its obligations? After 20 years of the WTO, it is still early days in the interpretation of this important and...

The WTO is an international organization with its own distinctive culture, which is derived from the practice and experience of the GATT. The WTO, however, is not the old GATT. The multilateral trading system was transformed into an international organization in 1995, and today, the WTO also...

How did the phenomenon of amici curiae submissions arise in WTO and NAFTA dispute settlement? The rules did not expressly contemplate submissions by non-state actors or participation by them, but the Appellate Body and panels developed case-by-case authority for admitting them. Amici curiae...

There has been considerable debate about the idea of an appellate mechanism for international investment arbitration. A number of reasons have been posited for establishing such a mechanism, including ensuring the consistency and accuracy of awards as well as the legitimacy of the system as a...

In this comprehensive article written shortly after she left the WTO, the first Director of the Appellate Body Secretariat examines the early jurisprudence on trade remedies, including subsidies/countervail, anti-dumping and safeguards. The first subsidies cases were brought before the Appellate...

In this reflection, the author observes that “peace and prosperity through trade” was the basic objective on which the General Agreement on Tariffs and Trade (GATT) was founded and it remains the fundamental raison d’être of the WTO today. Emerging from World War II, world leaders had a...

The WTO dispute settlement system has been its “crown jewel” during its first 16 years. Members have brought over 400 disputes, half of which have proceeded through to completion or settlement, making the WTO the most prolific international dispute resolution system in the world today. In...