This paper summarizes the discussions within the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WG III) on the reform of investor-state dispute settlement (ISDS) regarding the two draft provisions on damages prepared by the UNCITRAL Secretariat as part of the...

Actors in international law are presumed to be states. Yet in the international economic law arena, the corporation is one of the most prominent non-state actors. Indeed, in some instances, the corporation may even be more influential than the state in some arenas of international economic law....

This is a contribution to the AJIL Unbound Symposium on digital trade and international law. The essay unveils the fluidity of the topic of digital trade—both from a technological and a policy-legal perspective and addresses the questions of what “digital trade” is and more importantly how...

After a year of record international trade in 2022, it is uncertain whether the future of the global economy is fragmentation or a new institutional structure. The challenges are to re-establish a dispute resolution mechanism, as the WTO process currently allows decisions to be appealed into...

This chapter examines the often-cited distinction between private international law and public international law in the context of the UN Convention on Contracts for the International Sale of Goods (‘CISG’). The traditional view holds that private and public international law are separate...

The world, in addition to existing inequalities, also suffers from a digital-data divide. Some countries and classes of people have obtained outsized benefits from digitization whereas many others have either not received promised benefits or have even suffered due to job/revenue loss, reduction...

This Chapter considers how domestic cybersecurity measures interact with the international trade law regime. To that end this chapter discusses the relationship between cybersecurity and the international trade law regime. In so doing, it reveals some of the gaps associated with applying the...

Countries wishing to reform their tax system must consider that their proposals are in line with both international trade law and international tax law, which, if on the one side, are two different branches of international law, on the other side, they share overlapping elements in relation to...

In nowaday’s international trade, the contracting parties often come from a different linguistic background. As a consequence, the use of foreign languages in contractual relationships raises many issues the implications of which are often underestimated. They are thereby analysed in a...

Introduction : History and Rationale for Trade Liberalization -- Trade in Goods : Quotas, Tariffs, Rules of Origin and Trade Facilitation -- Trade in Goods : Non-Discrimination as to National Origin -- Dispute settlement -- Trade Remedies : Subsidies, Anti-Dumping and Safeguards -- Public...

"This book, adopting a multidisciplinary and transregional approach, explores political, legal and economics issues pertaining to the making of the world's first multilateral agreement on investment facilitation in the WTO, including its potential impacts on global development and the reform of...

Why do lawyers in some jurisdictions continue to ‘automatically’ exclude the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) in their choices of law for international sales contracts? Why do lawyers in other jurisdictions approach the decision very differently? Why...

The set of rules governing passing of risk under the 1980 Vienna Convention on the International Sale of Goods (CISG) has been heavily criticized for its inadequacy in certain occasions, However parties of a contract of sale can choose to deviate from the provisions of the Convention by drafting...

As the international economic law field developed and institutionalized during the 1990s and 2000s, interdisciplinary work on the subject proliferated. Many legal scholars turned to disciplinary methods beyond the traditional study of doctrine, constituting part of a “new legal realist” turn...

The aim of this essay is to undertake a comparative analysis of the legal remedy of specific performance under the Convention on Contracts for the International Sale of Goods (CISG), the United Kingdom's Sale of Goods Act (SGA), and the Uniform Commercial Code of the United States (UCC). In this...

Since the start of civilization people relied on different forms of trade for development purposes. Trade has been a defining feature of all civilizations, circulation of goods connects and integrates consumption and production. What changed with globalization is the drastic decrease of trade...

The reform option on the Standing Multilateral Mechanism (SMM) currently under discussion at UNCITRAL's Working Group III (WGIII) has raised a number of important, systemic concerns for the procedural reforms of investor-State dispute settlement. This paper first seeks to situate the discussions...

For many years, the autonomy of EU law has been debated by ECJ within the scope of its opinions, decisions, and preliminary decisions in the meantime disputing with national courts of MS. To resolve, clarify and interpret the definition of “Autonomy of EU Law” this paper will be focusing on...

"In Truth About Trade, international scholar, jurist, statesman, and activist James Bacchus offers a thought-provoking collection of some of the essays he has written on international trade and international law since he completed his tenure as one of the founders and twice the chairman of the...

Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience,...

This encyclopedia entry reviews the relationship between international trade law and human rights law. Trade and economic globalization aim to enhance economic growth and the well-being of states and their populations. Both trade and human rights law have traditionally been concerned with...

As economic globalization advances further, there is need for continuous reform in equipping international traders thus the aim of this research is to examine the practicability and applicability of the provisions dealing with the risk (of loss or damage) to goods in the international sphere. In...

The paper aims at assessing and analyzing elements of due diligence in existing international trade agreements. Relevant elements include obligations to cooperate, to negotiate in good faith, to notify measures which could be harmful to other countries, to take the effects of measures on other...

This paper examines new U.S. regulation of foreign trademark applications through the lens of international trade and international intellectual property law treaties and conventions to which the U.S. is a member, and ultimately concludes that while there is unlikely to be a successful...

This article tends to draw out the working procedures of international trade rules regarding trade contract that gets executed between parties located in two different countries. While doing so, the article analyses the existing trade rules and practices, examines their suitability in the...

The United Nations Convention for International Sale of Goods (CISG) was entered into force on 1 January 1988 and its impact in internationalizing commercial law and business transactions is pivotal. The People’s Republic of China adopted CISG on 11 December 1986 almost after a decade of the...

Agreed commitments under GATS — both general and specific — amount to substantial qualifications to the exercise of sovereignty and powers in shaping domestic regulation of services. Members therefore agreed to introduce security exceptions aimed to preserve Members’ freedom of action in...

Governments increasingly adopt various measures to achieve compliance with data ethics principles to reduce misuse of data-driven technologies and promote good digital and data governance. However, some of these measures restrict cross-border trade in digital technologies and services, thereby...

The end of the 20th century was a time of privatization; so far, the new millennium has heralded a resurgence of state capitalism. China is doubtless Exhibit A. The notion that state enterprises engage in unfair competition is now a common refrain. It is conventional wisdom that the World Trade...

One category of voluntary approaches to environmental governance is ecolabels used to nudge consumers towards purchasing environmentally friendly products. The purpose of this article is to critically review the trade law implications of voluntary ecolabels, with special reference to the EU...

The design of a trade agreement should reflect its purpose. Does digital trade change the purpose of a trade agreement? To explore this question, I first describe the definitional and classification issues associated with digital trade, and for modeling purposes I adopt a simple taxonomy of the...

Digital technologies, taken as a broad category of technological inventions and applications, can be said to fall under the rare class of “disruptive technologies” that trigger profound societal transformations. This may demand changes in law and policy that go beyond incremental adjustment...

Trade and culture have had and continue to have a highly contentious relationship, as trade has often been perceived as a peril to the protection and promotion of national cultures, and more broadly, as a channel of commodifying and homogenizing culture.1 The political economy of the interfaces...

This world and its nations are moving towards and working towards creation and formulation of “BioEconomy”, an economy which revolves around bioscience and biotechnology products and consumers. Since centuries and more importantly since last few decades in this modern and scientific era, the...