As part of the renegotiation of its Free Trade Agreement with the United States, South Korea has agreed to cut by 30% it steel exports to the US. In NAFTA negotiations, it is reported that Mexico has also agreed to a quota on auto exports, after which Mexican autos would be subject to...

The past four years have shown that, in contrast to previous assessments that saw the WTO dispute settlement organs as exercising irresistible authority over the WTO Agreements, a WTO Member can single-handedly derail the functioning of the WTO by obstructing appointments to the Appellate Body....

This paper discusses the ways in which WTO law regulates (and doesn't regulate) agreements between WTO Members that permit the parties to the agreement to adopt WTO-inconsistent measures (‘WTO-minus'). As part of the Uruguay Round Agreements, Members have agreed to prohibit bilateral...

For twenty years, WTO Members managed to avoid invoking the security exception before WTO panels, leaving unresolved the tension between the self-judging element explicit in its text and the compulsory jurisdiction of WTO panels. Then, in 2017 and 2018, a dozen panels were established after the...

Divergent models for investment dispute settlement risk producing legal fragmentation. States should consider a Multilateral Institution for Dispute Settlement on Investment (MIDSI) permitting dispute settlement "à la carte". Within MIDSI, a Multilateral Investment Court could settle...

This paper examines the different approaches proposed for investment dispute settlement reform by major players in the global North and global South – ranging from incremental changes that respond to specific criticisms of the present-day investor-state dispute settlement system to the...

The Appellate Body has asserted extensive authority over the rules governing global trade relations, proclaiming its ultimate authority to determine the prevailing interpretation of the rules of the World Trade Organization (WTO) as well as to control the extent to which extra-WTO norms can...

This paper examines two different approaches to judicial protection of entitlements in international economic law. One of them, ‘performance-oriented', is applied by WTO adjudicators. Performance-oriented remedies focus on inducing wrongdoers to resume compliance with the underlying...

The traditional territory-based structure of international law makes protecting global common goods a major challenge. This is particularly true with respect to the ocean, an environment where overlapping areas under the jurisdiction of different states coexist with very mobile resources and a...