In the context of overlapping bilateral, regional, and multilateral trade agreements, states face a wide array of options for market opening strategies. This paper examines why states choose to adjudicate some trade disputes in the WTO dispute settlement process while negotiating or ignoring others. It then compares outcomes given the choice among alternative strategies. I argue that government...

BACKGROUND In early October 2015, 12 nations signed the Trans-Pacific Partnership Agreement (TPPA), promoted as a model '21(st) century' trade and investment agreement that other countries would eventually join. There are growing concerns amongst the public health community about the potential health implications of such WTO+ trade and investment agreements, but little existing knowledge on the...

The decision by Australia’s High Court to uphold the constitutionality of the country’s ground-breaking tobacco plain packaging laws has been heralded as a victory for national sovereignty over vested interests. However, the ability of governments worldwide to introduce and im plement public health policies and laws is increasingly threatened by trade and investment treaties that privilege inve...

This paper investigates the effects of the formation of free trade agreements (FTAs) on trade disputes. We construct a unique and comprehensive dataset on inter-country trade disputes from 1995 to 2007. The dataset covers 110 countries and 1130 trade disputes. We find that the incidences of trade disputes between two countries are positively associated with economic size, economic growth, and t...

in this commentary, we endorse concerns about the health impact of the trans-pacific partnership (tpp), paying particular attention to its mechanisms for investor state dispute settlement. we then describe the different, judgeled approach being advocated by the european commission team negotiating the trans-atlantic trade and investment partnership, arguing that, while not perfect, it offers si...

saeed reza abadi assistant professor, faculty of law, shahid beheshti university, tehran, iran corresponding author: [email protected] hamed edrisian ms. student, economic law, faculty of law, shahid beheshti university, tehran, iran [email protected] one of the most important and effective measures of governments in social, economic and cultural fields is regulating relationships between...

Judicialization scholarship suggests that states must seek the de-judicialization of international dispute settlement mechanisms to regain regulatory space. Why then do some a yet others increased judicialization in their pursuit space? This article advances twofold argument. First, concept has been erroneously conflated with state perceptions space under mechanisms. States aspiring consolidate...