This article applies the behavioral economics theory of Omission Bias to the Agreement on Subsidies and Countervailing Measures (ASCM) of the World Trade Organization (WTO), assessing whether WTO and Appellate Body's assessment of “foregone revenue” as illegal subsidies indicate a bias...

This article considers the application of the behavioural economics theory of loss aversion bias as an explanation for observed approaches to monetary compensation in Investor-State Dispute Settlement (ISDS). Beginning with a critique of the assessment that damages for breach of contract (both...