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- Investor-state arbitration; investment arbitration; investment law regime; investor-state dispute settlement; international investment agreements; norm compliance; treaty objectives; legitimacy (1)
- World Trade Organization; WTO; Tariffs; Countermeasures; Airbus; Boeing; Comac; Aircraft Subsidies; Large Civil Aircraft; WTO Dispute; WTO Arbitration; State Support; Launch Aid; Government Contracts; Appellate ; Body; Katherine Tai; Valdis Dombrovskis; Robert Lighthizer; DS316; DS317; DS353; DS487; Trade Dispute (1)
Articles 1 - 2 of 2
Full-Text Articles in Transnational Law
Tailspin: Examining The Distortive Effects Of The Airbus-Boeing Duopoly On Trade Dispute Resolution Between The United States And European Union, Sam Bhat
Brooklyn Journal of International Law
This Note surveys the perverse effects of the Airbus–Boeing dispute on international trade, examining how this unique and unprecedented duopoly challenges WTO agreements regarding state assistance to domestic manufacturers of large civil aircraft. This trade dispute has precipitated significant consequences for industries unrelated to aircraft manufacturing on both sides of the Atlantic. Theoretically, the WTO’s dispute resolution framework is designed to maintain an undistorted status quo between member states. The case of Airbus–Boeing, however, has shown that a duopoly conflict masquerading as a WTO dispute leads to escalating tariffs with substantial repercussions. This is the costliest dispute in the history …
Is Investment Arbitration An Effective Alternative To Court Litigation? Towards A Smart Mix Of Litigation And Arbitration In Resolving Investment Disputes, Wanli Ma, Michael Faure
Is Investment Arbitration An Effective Alternative To Court Litigation? Towards A Smart Mix Of Litigation And Arbitration In Resolving Investment Disputes, Wanli Ma, Michael Faure
Brooklyn Journal of International Law
This article analyzes litigation and arbitration as commonly used methods for dispute resolution, more particularly between foreign investors and host states. It compares investor-state dispute settlement (ISDS) via investor-state arbitration with dispute resolution via domestic courts in the host state. The article adopts a goal-based approach for assessing the effectiveness of international adjudication and analyzes the extent to which the current ISDS system is aligned with its predetermined goals. The article starts by identifying four goals of ISDS: 1) fair and efficient dispute resolution, 2) norm compliance, 3) facilitating the objectives of the investment law regime, and 4) legitimizing the …