Sunday, February 19, 2017

Jansen, Pauwelyn, & Carpenter: The Use of Economics in International Trade and Investment Disputes

Marion Jansen (International Trade Centre, Geneva), Joost Pauwelyn (Graduate Institute of International and Development Studies), & Theresa Carpenter (Graduate Institute of International and Development Studies) have published The Use of Economics in International Trade and Investment Disputes (Cambridge Univ. Press 2017). Contents include:
  • Marion Jansen, Joost Pauwelyn & Theresa Carpenter, Introduction: the use of economics in international trade and investment disputes
  • Robert Teh & Alan Yanovich, Integrating economic analysis into WTO dispute settlement practice: a view from the trenches
  • Thomas Graham, Present at the creation: economists and accountants in international trade law practice
  • Christian Lau & Simon Schropp, The role of economics in WTO dispute settlement and choosing the right litigation strategy – a practitioner's view
  • David Unterhalter, On interpretation and economic analysis of law
  • James Flett, The client's perspective
  • Bruce Malashevich, The use of economics in competition law: what works and what doesn't across national jurisdictions?
  • Anne van Aaken, What to do if economic insights are disputed: on the challenge to deal with competing and evolving theories or empirics in international trade disputes
  • Marion Jansen & Marios Iacovides, Lost in translation: communication and interpretation challenges related to economic evidence in trade disputes
  • Petros Mavroidis & Damien Neven, Land rich and cash poor? The reluctance of the WTO dispute settlement system to entertain economics expertise: an institutional analysis
  • Jorge Miranda, The economics of actionable subsidy disputes
  • Pablo M. Bentes, In search of a 'genuine and substantial' cause: the analysis of causation in serious prejudice claims
  • Amar Breckenridge, The games we play – simulation models in merger analysis and their potential use in trade litigation
  • Wolfgang Alschner, Aligning loss, liability and damages: towards an integrated assessment of damages in investment arbitration
  • Bastian Gottschling & Willis Geffert, An economic assessment of contracts and requests for contract reform and damages in international arbitration
  • Carla Chavich & Pablo Lopez, Economics in investor-state arbitration beyond quantum
  • Manuel A. Abdala & Alan Rozenberg, Assessing investor damages involving publicly traded companies – with examples from the Yukos' cases
  • Fuad Zarbiyev, From the law of valuation to valuation of law? On the interplay of international law and economics in fair-market valuation
  • Theresa Carpenter, Marion Jansen & Joost Pauwelyn, Conclusion
  • Theresa Carpenter, Marion Jansen & Joost Pauwelyn, Appendix. Guidelines for best practices for the use of economics in WTO dispute settlement