In this paper, Michael Ioannidis proposes a procedural approach to the legitimacy of international adjudication. Drawing inspiration from the practice and theory of domestic administrative law, he highlights international courts’ potential contribution in increasing the democratic qualities of...

We provide a simple but novel model of trade agreements that highlights the role of transaction costs, renegotiation and dispute settlement. The model allows us to characterize the appropriate remedy for breach and whether the agreement should be structured as a system of "property rights" or...

Countries can challenge potential trade violations using the WTO's dispute settlement system, yet many policies that appear to violate WTO rules remain unchallenged, even when they have a significant economic impact. Why is this? We argue that the likelihood that a country challenges a...

This chapter reviews the literature on the enforcement and dispute settlement of international trade agreements. It organizes the review of theoretical developments according to the following questions, of which relevant studies provide new insights: How can governments enforce trade agreements...

The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little guidance on how national and international judges should respond to the...

In this Article, the Author discusses the Supreme Court's increased willingness in recent years to rely on the arbitral process for the resolution of securities disputes, and its willingness to enforce pre-dispute arbitration agreements under the Arbitration Act

We provide a simple but novel model of trade agreements that highlights the role of transaction costs, renegotiation and dispute settlement. The model allows us to characterize the appropriate remedy for breach and whether the agreement should be structured as a system of "property rights" or...