Sarooshi: Investment Treaty Arbitration and the World Trade Organization: What Role for Systemic Values in the Resolution of International Economic Disputes?

Dan Sarooshi (Univ. of Oxford - Law; Essex Court Chambers) has posted Investment Treaty Arbitration and the World Trade Organization: What Role for Systemic Values in the Resolution of International Economic Disputes? (Texas International Law Journal, forthcoming). Here's the abstract:

The WTO Dispute Settlement System and ICSID are two of the most widely used methods of international dispute settlement. But the WTO, unlike ICSID, is much more than just a dispute settlement system: the WTO possesses an important institutional element that has the capacity to formulate and apply systemic values, and it is this feature which represents a fundamental difference between the WTO Dispute Settlement System and ICSID arbitration. This element of WTO dispute settlement provides this article with an analytical perspective that is used to evaluate and compare a number of key elements of WTO and ICSID dispute settlement in order to gauge the extent to which broader values can, or indeed should, play a role in these two leading fora for the settlement of international economic disputes. A number of issues considered include, e.g., dispute settlement and national regulations relating to the environment, applicable law, remedies, and amicus curiae submissions.