Ruiz Fabri & Erpelding: The Mixed Arbitral Tribunals, 1919–1939: An Experiment in the International Adjudication of Private Rights

Hélène Ruiz Fabri (Max Planck Institute Luxembourg for Procedural Law; Université Paris 1 Panthéon-Sorbonne) & Michel Erpelding (Univ. of Luxembourg) have published The Mixed Arbitral Tribunals, 1919–1939: An Experiment in the International Adjudication of Private Rights (Nomos 2023). This volume is available open access. The table of contents is here. Here's the abstract:

The creation of 39 Mixed Arbitral Tribunals (‘MATs’) was a major contribution of the post-World War I peace treaties to the development of international adjudication. With over 90 000 claims handled, the MATs were the busiest international courts of the interwar period. Moreover, in a departure from most other international courts and tribunals at that time, they allowed individuals to file claims against sovereign states before them. After 1945, they inspired the creators of the European Court of Justice before disappearing into quasi-oblivion. Relying on legal and historical research, including new archival findings, this volume is specifically dedicated to these pioneering institutions.

New Issue: Trade, Law and Development

The latest issue of Trade, Law and Development (Vol. 14, no. 2, Winter 2022) is out. Contents include:

• Zaker Ahmad & Ilaria Espa, Market-Based Climate Mitigation, Article 6 of the Paris Agreement and International Trade Law: New Rules, Existing Practices, and Continued Concerns
• Harshad Pathak, Non-Participation by States in Investor-State Arbitration Proceedings
• David Orden & Lars Brink, Revising the WTO Measurement of Agricultural Price Support to Resolve the Impasse on Public Stockholding
• Arwel Davies, The EU’s Proposed Carbon Border Adjustment Mechanism and Compatibility with WTO Law
• Jae Sundaram & Ayodele S. Owolabi, Impasse at the WTO Dispute Settlement Body: The Slow Demise of Multilateralism?
• Gabriel Gari, Engaging Stakeholders in Trade Policymaking – What can we learn from the USTR Public Consultation on US –UK Trade Negotiations?
• Vinitika Vij, Changing Realities: Evolution and Extraterritoriality Within Article XX(G) of GATT for Global Environmental Concerns
• Binit Agrawal & Neha Mishra, Addressing the Global Data Divide through Digital Trade Law
• Marios Tokas, Looking Back into the Future: The Legal Standard of Prohibited Subsidies in SCM Agreement through WTO Case Law, Ahead of Reforms
• Sunethra Reddy, Front-of-Pack Labelling under the TBT Regime —an Anticipatory Assessment of India’s Nutrition Labelling Policies
• Raj Bhala, Waves of Russian Sanctions: American and Allied Measures, Indian and Chinese Responses, and Russian Countermeasures

Workshop: The Last Colony: A Tale of Exile, Justice and Britain’s Colonial Legacy

Tomorrow, April 18, 2023, Temple Law School will host a workshop exploring Philippe Sands’s The Last Colony: A Tale of Exile, Justice and Britain’s Colonial Legacy.

Kardon: China’s Law of the Sea: The New Rules of Maritime Order

Isaac B. Kardon (Carnegie Endowment for International Peace) has published China’s Law of the Sea: The New Rules of Maritime Order (Yale Univ. Press 2023). Here's the abstract:

China’s Law of the Sea is the first comprehensive study of the law and geopolitics of China’s maritime disputes. It provides a rigorous empirical account of whether and how China is changing “the rules” of international order—specifically, the international law of the sea.

Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China’s leaders have begun to implement “China’s law of the sea”: building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China’s preferred maritime rules on the water and in the diplomatic arena.

Isaac B. Kardon examines China’s laws and policies to defend, exploit, study, administer, surveil, and patrol disputed waters. He also considers other claimants’ reactions to these Chinese practices, because other states must acquiesce for China’s preferences to become international rules. China’s maritime disputes offer unique insights into the nature and scope of China’s challenge to international order.

New Issue: World Trade Review

The latest issue of the World Trade Review (Vol. 22, no. 2, May 2023) is out. Contents include:

• Articles
• Weihuan Zhou, Huiqin Jiang, & Zhe Chen, Trade vs. Security: Recent Developments of Global Trade Rules and China's Policy and Regulatory Responses from Defensive to Proactive
• Jian Zheng, Shudong Zhou, Xingzi Li, Antonio Domingos Padula, & Will Martin, Effects of Eliminating the US–China Trade Dispute Tariffs
• Scott Falls, Barriers to Panel Composition in RTA Dispute Settlement: Evaluating Solutions to a Perennial Problem
• Adrien Bussy & Mehtab Ahmed Jagil, Export Fraud in India
• From the Trenches Uri Dadush & Enzo Dominguez Prost, Preferential Trade Agreements, Geopolitics, and the Fragmentation of World Trade
• Pasha L. Hsieh, New Investment Rulemaking in Asia: Between Regionalism and Domestication