Captain America and the Tarnishing of the Crown: The Feud between the WTO Appellate Body and the USA
The Appellate Body is considered the jewel in the crown of the WTO dispute settlement system. However, the United States has become increasingly assertive in its efforts to control judicial activism at the WTO. This article examines judicial…
The purpose of multilateral disciplines on subsidies is to avoid trade distortions, in order to
increase production efficiencies through competition. However, this objective may be defeated due
to defects in the structure of the WTO Agreement on…
In two early WTO cases, the Appellate Body found a failure to engage in negotiations to be arbitrary or unjustifiable discrimination under the GATT Article XX chapeau. Subsequent jurisprudence has not applied a negotiation requirement. Instead, it…
This article analyzes how treaty structure affects regulatory autonomy by shifting the point in a treaty in which tribunals address public interest regulation. The article also analyzes how trade and investment treaties use a variety of structures…
World Trade Organisation Dispute Settlement Understanding (WTO DSU) is a two-tier mechanism. The first tier is international adjudication and the second tier is domestic handling of trade disputes. Both tiers are interdependent and interconnected. A…
Multiple scholarly works have argued that developing country Members of World Trade Organization (WTO) should enhance their dispute settlement capacity to successfully and cost effectively navigate the system of WTO Dispute Settlement Understanding…
World Trade Organisation Dispute Settlement Understanding (WTO DSU) is a two-tier mechanism. The first tier is international adjudication and the second tier is domestic handling of trade disputes. Both tiers are interdependent and interconnected. A…
To provide a snapshot of 2016 international economic law activity in Latin America, we
selected the top ten countries in this field. The criteria used for this selection were size of
the economy (GDP), merchandise trade volume,…
A complete collection of research papers is available at http://cdei.itam.mx/es/node/20316/.