The Use of Economics in International Trade and Investment Disputes

Theresa Carpenter is the Executive Director of the Centre for Trade and Economic Integration at the Graduate Institute of International and Development Studies, Geneva. Marion Jansen is the Chief Economist of International Trade Center (ITC), Geneva, and in this position was responsible for the recently published ITC flagship publication 'SME Competitiveness Outlook 2015'. Previous to joining ITC, Marion was a counsellor in the Economic Research and Statistics Division of the World Trade Organization, an organization she first joined in 1999 after a short spell in the private sector. From 2009 to 2012, she was the head of Trade and Employment Programme at the ILO. Her publications in the field of international trade and global governance include a volume on the internationalization of financial services and articles on regional services liberalization. Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies, Geneva.

• 1. Introduction: the use of economics in international trade and investment disputes Marion Jansen, Joost Pauwelyn and Theresa Carpenter; Part I. The Use of Economics in International Trade and Investment Disputes: A Practitioner's View: 2. Integrating economic analysis into WTO dispute settlement practice: a view from the trenches Robert Teh and Alan Yanovich; 3. Present at the creation: economists and accountants in international trade law practice Thomas Graham; 4. The role of economics in WTO dispute settlement and choosing the right litigation strategy - a practitioner's view Christian Lau and Simon Schropp; 5. On interpretation and economic analysis of law David Unterhalter; 6. The client's perspective James Flett; 7. The use of economics in competition law: what works and what doesn't across national jurisdictions? Bruce Malashevich; Part II. The Use of Economics in International Trade Disputes: Economic Versus Legal Thinking: 8. What to do if economic insights are disputed: on the challenge to deal with competing and evolving theories or empirics in international trade disputes Anne van Aaken; 9. Lost in translation: communication and interpretation challenges related to economic evidence in trade disputes Marion Jansen and Marios Iacovides; 10. Land rich and cash poor? The reluctance of the WTO dispute settlement system to entertain economics expertise: an institutional analysis Petros Mavroidis and Damien Neven; 11. The economics of actionable subsidy disputes Jorge Miranda; 12. In search of a 'genuine and substantial' cause: the analysis of causation in serious prejudice claims Pablo M. Bentes; 13. The games we play - simulation models in merger analysis and their potential use in trade litigation Amar Breckenridge; Part III. The Use of Economics in International Investment Disputes: Liability and Damages: 14. Aligning loss, liability and damages: towards an integrated assessment of damages in investment arbitration Wolfgang Alschner; 15. An economic assessment of contracts and requests for contract reform and damages in international arbitration Bastian Gottschling and Willis Geffert; 16. Economics in investor-state arbitration beyond quantum Carla Chavich and Pablo Lopez; 17. Assessing investor damages involving publicly traded companies – with examples from the Yukos' cases Manuel A. Abdala and Alan Rozenberg; 18. From the law of valuation to valuation of law? On the interplay of international law and economics in fair-market valuation Fuad Zarbiyev; Conclusion Theresa Carpenter, Marion Jansen and Joost Pauwelyn; Appendix. Guidelines for best practices for the use of economics in WTO dispute settlement Theresa Carpenter, Marion Jansen and Joost Pauwelyn.

'Government officials and commercial litigants increasingly rely on technical, economic analysis in their international trade and investment disputes. At the same time, the public has also become more motivated to understand how the legal decisions arising from the World Trade Organization and investor-state dispute settlement - which they perceive as potentially constraining their policymakers' access to regulation - are being made. Jansen, Pauwelyn, and Carpenter bring together scholars from a range of disciplines to provide this much-needed volume. Their collection investigates the benefits and costs of integrating economic insights into international jurisprudence, as well as identifying perils for the road ahead.' Chad P. Bown, Peterson Institute for International Economics