Transnational Litigation, Arbitration, and Dispute Resolution
International Trade Dispute Settlement: Ready to Blossom Again?
Once called the crown’s jewel, the dispute settlement system of the WTO is facing a major threat.[1] The standing Appellate Body (AB), within the WTO Dispute Settlement Body (DSB), is not functioning normally—or even at all, as the United States has blocked all appointments of new AB members. As a result, cases can no longer be appealed, and this may leave decisions by the panels—which adjudicate the cases in the first instance—in legal limbo.
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Episode 21: The “Brussels Effect” with Anu Bradford of Columbia Law School
Emerging Powers in the International Economic Order – Cooperation, Competition and Transformation
New Developments in Seeking United States Discovery for Foreign Proceedings and International Arbitration
In 1964, the United States Congress passed a law providing that a United States district court "'may order' a person residing or found in the district to give testimony or produce documents 'for use in a proceeding in a foreign or international tribunal . . .
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Investment Facilitation Mechanisms and Access to Justice in Brazilian Investment Agreements
Since 2015, Brazil has concluded more than a dozen Cooperation and Facilitation Investment Agreements (CFIAs), in a radical departure from Brazil's earlier policy to remain out of the network of investment treaties.[1] These CFIAs include a novel system, encompassing mechanisms for preventing and settling disputes, which differs strikingly from traditional investor-state arbitration available under most bilateral investment treaties.
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Can Trade Dispute Resolution Mechanisms Enhance State Compliance with International Health Regulations? Insights from MARPOL 73/78
Preventing or managing a global pandemic such as COVID-19 requires states to strictly comply with the World Health Organization's International Health Regulations 2005 (IHRs). However, like many multilateral environment agreements, the IHRs lack a strong dispute resolution mechanism to enhance state compliance. To bridge that gap, states have incorporated several environmental conventions into free trade agreements (FTAs) over the past fifteen years.
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