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Does international economic 5 law impose a duty to negotiate?
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…
Treaty Structure and Public Interest Regulation in International Economic Law
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…
India's participation in WTO Dispute Settlement
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…
Public Private Partnership for WTO Dispute Settlement, Enabling Developing Countries
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…
On the Feasibility of Using the WTO Dispute Settlement Mechanism as the Trade Dispute Settlement Mechanism for the "Belt and Road" Initiative
As soon as the Belt and Road initiative was proposed, it attracted great attention at home and abroad. The dispute settlement mechanism for the Belt and Road initiative has also become a widely discussed subject. Many experts and scholars advocate…