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...

Article XXVIII:1(b) of the GATT refers to “any benefit … being nullified or impaired” by the application of any measure “whether or not it conflicts with the provisions of this Agreement”. This article suggests that the evolution of GATT/WTO law and practice relating to the...

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...

The WTO Agreements emphasize freer trade, which links with diversity, deregulation, and decentralization. China, on the other hand, emphasizes uniformity and centralization especially regarding the political control and the one-party system of ‘democratic dictatorship'. China's joining 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,...