WTO arbitrators rely on economics to establish the permissible retaliation limits authorized by the Dispute Settlement Understanding (DSU) which arguably serves to enforce the overall agreement. We examine how theoretical and quantitative economic analysis has and can be used in this stage of...

This chapter submits that science has become, in the context of the WTO, an important element (or even a point of reference) in the assessment of domestic health and environmental measures with respect to their compatibility with WTO obligations. Under current practice, WTO panels and the...

This article examines the phenomena of dissent within WTO dispute settlement panels and within Appellate Body divisions ("horizontal disagreement") and the failure of certain WTO dispute settlement panels to follow previous rulings of the Appellate Body ("vertical disagreement"). With respect 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 chapter explores the dynamic interactions between domestic social norms and international law over trade dispute resolution. Using empirical case studies involving China, EU, US, Korea and Japan, the paper investigates how the dyadic configuration of social norms regarding preferred dispute...

This essay addresses the need to redefine current notions of sovereignty. It returns to earlier concepts of subjects joining to receive the benefits of peace and security provided by the sovereign. It diverges from most contemporary commentary by avoiding what has become traditional second-tier...

Trade scholars are preoccupied with the debate over constitutionalism at the WTO. Much of this literature presupposes that the trade regime is properly understood as a constitutional entity. However, neither WTO texts nor practice supports this understanding. The striking disjunction between...