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14 - The Future of International Economic Dispute Resolution – An Asian Perspective

from Part IV - Regional Approaches for International Economic Dispute Settlement

Published online by Cambridge University Press:  07 August 2021

Manfred Elsig
Affiliation:
Universität Bern, Switzerland
Rodrigo Polanco
Affiliation:
Universität Bern, Switzerland
Peter van den Bossche
Affiliation:
Universität Bern, Switzerland
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Summary

The international economic law landscape has witnessed a number of significant developments in recent years, with some being gradual while others have been more in the nature of jolts. Among the former are the rise in bilateral and regional trade agreements and their concomitant dispute settlement mechanisms, and an increase in the number of investor–state disputes. Among the latter (‘jolts’) are the US administration’s decisive stance in 2018–19 regarding the WTO’s dispute settlement system – particularly the Appellate Body membership, renewal processes and decision-making – and the rapid increase in reform activities of investor–state arbitration institutions and working groups. Another development has been the so-called US–China ‘trade war’, led by the imposition of tariffs, and the potential role of the security exception in disputes pending at the WTO in relation to such impositions.

Type
Chapter
Information
International Economic Dispute Settlement
Demise or Transformation?
, pp. 373 - 405
Publisher: Cambridge University Press
Print publication year: 2021

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References

Gott, H. 2019. “Linkages of Trade, Investment and Labour in Preferential Trade Agreements: Between Untapped Potential and Structural Insufficiencies.” In Bungenberg, M., Krajewski, M., Tams, C. J., Philipp Terhechte, J. and Ziegler, A. R. (Eds.). European Yearbook of International Economic Law 2019, Springer.Google Scholar
Guven, B. and Johnson, L. 2019. “The Policy Implications of Third-Party Funding in Investor–State Dispute Settlement,” CCSI Working Paper 2019, http://ccsi.columbia.edu/files/2017/11/The-Policy-Implications-of-Third-Party-Funding-in-Investor-State-Disptue-Settlement-FINAL.pdf (last accessed on 12 February 2020).Google Scholar
Hsu, L. 2019. “Asia.” In Krajewski, M. and Hoffmann, R., Research Handbook on Foreign Direct Investment, Cheltenham: Edward Elgar, pp. 381–3.Google Scholar
Lo, C.-F., Nakagawa, J. and Chen, T.-F. 2020. The WTO Appellate Body and Its Reform. Singapore: Springer.Google Scholar
Payosova, T., Hufbauer, G. and Schott, J. 2018. “The Dispute Settlement Crisis in the World Trade Organization: Causes and Cures,” Peterson Institute for International Economics Policy Brief 185, March 2018.Google Scholar
Rosen, F. 2016. “Abstract Interpretations in International Investment Law.” In Pazartzis, P., Gavouneli, M., Gourgourinis, A. and Papadaki, M. (Eds.) Reconceptualizing the Rule of Law, Global Governance, Resources, Investment and Trade, Hart Publishing, pp. 338–9.Google Scholar
Tang, H. and Ye, W. 2018. “China, Country Report.” In Pitkowitz, N. (Ed.), Handbook on Third-Party Funding in International Arbitration, JurisNet LLC.Google Scholar
Weixia, G. 2019. “Hybrid Dispute Resolution Beyond the Belt and Road: Toward a New Design of Chinese Arb-Med(-Arb) and Its Global Implications New Design of Chinese Arb-Med(-Arb) and Its Global Implications,” Washington International Law Journal 29(1): 117–71.Google Scholar
Wiske, S. 2018. “International Commercial Courts and Arbitration: Alternatives, Substitutes or Trojan Horses?Contemporary Asia Arbitration Journal 11(2): 153–92.Google Scholar

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