European Yearbook of International Economic Law 2021

Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses,and UNCLOS. 

 

Part I – The Future of Dispute Settlement in International Economic Law:  The US, the WTO, and the Appellate Body: From Great Expectations to Hard Times by Lindsey Garner-Knapp, Shaina D. Western and Henry Lovat.- The Role of the Appellate Body of the WTO in Preserving the ‘Glocal’ Space in International Intellectual Property Law by Emmanuel Kolawole Oke.- Two Sides of the Same Coin? Analysing the Efficacy of the African Continental Free Trade Area and WTO’s Dispute Settlement Mechanisms in Resolving Trade Disputes between African States by Annabel Nanjira.- Legitimacy Crisis at the World Trade Organisation Appellate Body: Other Ways Than the MPIA? by Georgie Juszczyk.- Preventing Frivolous Counterclaims in Investor-State Arbitration: Need for Summary Dismissal Procedures by Vishakha Choudhary.- Designing Deference: Towards a Thin Margin of Appreciation Doctrine in International Investment Law? by Erlend M. Leonhardsen.- Conciliation as Method to Solve Sovereign Debt Disputes Between States and Private Creditors by Domenico Pauciulo.- State Counterclaims and the “Legitimacy Crisis” in Investment Treaty Arbitration by Patricia Cruz Trabanino.- Return to Contract-Based Arbitration as a Possible Response to Achmea by Berta Boknik.- Hagia Sophia at ICSID? The Limits of Sovereign Discretion by Ioannis Glinavos.- International Commercial Courts: A New Frontier in International Commercial Dispute Resolution? Lessons from the Mixed Courts of the Colonial Era by Willem Theus.- The Dejudicialization of International Economic Law by Relja Radovic.- Enter the Dialogue: Reference Mechanisms in Dispute Resolution Clauses by Sebastian Lukic.- Part II – Current Challenges, Development and Events in European and International Economic Law: A Booster Shot for Reserves: Overview of the IMF’s $650 Billion Allocation of SDRs by Anjum Rosha and Clara Thiemann.