International Economic Dispute Settlement

Manfred Elsig is Professor of International Relations at the World Trade Institute of the University of Bern. He is the co-founder of the Design of Trade Agreements Database (DESTA) and the Electronic Database of Investment Treaties (EDIT). He is a co-editor of World Trade Review. Rodrigo Polanco is a senior researcher, lecturer and academic coordinator at the World Trade Institute, University of Bern, a Legal Adviser at the Swiss Institute of Comparative Law, and a visiting professor at University de Chile. He is the co-founder of EDIT. Peter Van den Bossche is Director of Studies of the World Trade Institute and Professor of International Economic Law at the University of Bern, Switzerland. From 2009 to 2019, he was a Member of the Appellate Body of the World Trade Organization and served as chairman of the Appellate Body in 2015.

• Introduction; 1. International economic dispute settlement: demise or transformation? Manfred Elsig, Rodrigo Polanco and Peter van den Bossche; 2. Contracting v. multilateralism in global economic governance: before, during and after the WTO Karen J. Alter; Part I. Current challenges in international trade dispute settlement: 3. Sausage-making at the WTO: looking behind the curtain of dispute settlement procedures over time Krzysztof Pelc; 4. Operationalising MPIA appeal arbitrations: opportunities and challenges Kholofelo Kugler; 5. Re-designing the mediation mechanism in future WTO dispute settlement governance Tetyana Payosova; 6. Adjudication vs. 'Frontier Justice' in international economic law disputes: the trump administration's push for unilateralism in trade enforcement Simon Lester and Huan Zhu; 7. WTO dispute settlement: 'Will of the Strongest' or 'Rule of Law'? attempting to view recent U.S. actions through the proper lens Sean Stacy; Part II. Current challenges in international investment dispute settlement: 8. A world without (Treaty-Based) ISDS?: costs and benefits Jonathan Bonnitcha, Lauge Poulsen and Jason Yackee; 9. Investment dispute settlement à la Carte: a proposal for the reform of investor-state dispute settlement Stephan Schill and Geraldo Vidigal; 10. Evidence-guided reform: surveying the empirical research on arbitrator bias and diversity in investor-state arbitration Daniel Behn, Malcolm Langford, Laura Létourneau-Tremblay and Runar Hilleren Lie; Part III. New issue areas and dispute settlement: 11. The politics of renewables: lessons for international economic dispute settlement from renewable energy-related disputes Vyoma Jha; 12. International economic dispute settlement and digital trade in services – useful multilateral principles for the emerging global regulatory landscape? Philippe Lionnet; 13. Trade's experimental compliance mechanisms Kathleen Claussen; Part IV. Regional approaches for international economic dispute settlement: 14. The future of international economic dispute resolution – an Asian perspective Locknie Hsu; 15. No lessons from the crises in the international trade and investment dispute settlement mechanisms: the African continental free trade area Malebakeng Forere; 16. The time of PTAs dispute settlement mechanisms might have come: assessing the risks Cornelia Furculiță; 17. Dispute settlement in free trade agreements as a suggested alternative to WTO dispute settlement Jenya Grigorova and Elli Zachari; Index.

'This excellent volume presents a comprehensive and unified investigation of dispute settlement institutions across trade and investment. The contributions from noted law practitioners and scholars, as well as political scientists, probe the many serious challenges facing the WTO DSM and ISDS, while also presenting solutions for the rejuvenation of existing institutions and the development of new ones.' Todd Allee, Associate Professor of Government and Politics, University of Maryland