This paper illustrates how the work of the WTO's standing committees is fuelling regulatory cooperation between WTO members, and inspiring RTA negotiators. We explore, as a case study, how the WTO TBT Committee has shaped provisions on international standards in RTAs, and focus on the extent to...

This paper constitutes an attempt to reframe and eventually deflate the ongoing 'compliance-vs.-rebalancing' debate which has permeated WTO scholarship for the last 10 years. Our main criticism concerns the substance of the entire debate. We find that scholars on both sides of the...

This paper is a contribution to the literature on rational design of trade agreements. The World Trade Organization (WTO) is an incomplete contract among sovereign states. Incomplete contracts contain gaps. Ex post, contractual gaps may leave gains from trade unrealized; they may create 'regret'...

Economic theory has made considerable progress in explaining why sovereign countries cooperate in trade. Central to most theories of trade cooperation are issues of self-enforcement: The threat of reprisal by an aggrieved party maintains the initial balance of concessions and prevents...

Some regional trade agreements such as the ASEAN-Korea Free Trade Area or the Asia Pacific Trade Agreement require through bills of lading to prove compliance with direct transport requirements (DTRs). Since such clauses do not accord with business practices in transportation, disputes have...

We provide a synthesis of the theoretical models that study the use of escape clauses, also known as safeguards, in multilateral and preferential trade agreements. We consider models that explain this type of flexibility based on economic efficiency, political economy shocks, and...

International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States' exit from these treaties.This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements that...

Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...

Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...