The Legitimacy of International Trade Courts and Tribunals

A comprehensive discussion of international trade courts and tribunals with specific emphasis on their performance and legitimacy.

Robert Howse (Edited by), Hélène Ruiz-Fabri (Edited by), Geir Ulfstein (Edited by), Michelle Q. Zang (Edited by)

9781108440295, Cambridge University Press

Paperback / softback, published 2 January 2020

545 pages
23 x 15.2 x 2.7 cm, 0.7 kg

The recent rise of international trade courts and tribunals deserves systemic study and in-depth analysis. This volume gathers contributions from experts specialised in different regional adjudicators of trade disputes and scrutinises their operations in the light of the often-debated legitimacy issues. It not only looks into prominent adjudicators that have played a significant role for global and regional integration; it also encloses the newly established and/or less-known judicial actors. Critical topics covered range from procedures and legal techniques during the adjudication process to the pre- and post-adjudication matters in relation to forum selection and decision implementation. The volume features cross-cutting interdisciplinary discussions among academics and practitioners, lawyers, philosophers and political scientists. In addition to fulfilling the research vacuum, it aims to address the challenges and opportunities faced in international trade adjudication.

Part I. International Trade Courts and Tribunals: 1. Introduction Robert Howse, Geir Ulfstein, Hélène Ruiz-Fabri and Michelle Zang
2. The WTO adjudicating bodies Gabrielle Marcea and Reto Marco Malacrida
3. The court of justice of the European Union Pieter-Jan Kuijper
4. The EFTA Court Halvard Haukeland Fredriksen
5. The United States court of justice Donald C. Pogue
6. The Federal Courts of Canada Maureen Irish
7. The case of MERCOSURl Paula Wojcikiewicz Almeida
8. The Andean Court of Justice Miguel Antonio Villamizar
9. The case of the economic court of the ISIS Rilka Dragneva
10. The COMESA Court of Justice James Thuo Gathii
11. The WAEMA Court of Justice Illy Ousséni
12. The ASEAN Trade Dispute Settlement Mechanism Michael Ewing-Chow and Ranyta Yusran
Part II. Cross Cutting Studies: 13. A comparative analysis of formal independence Theresa Squatrito
14. Judicial interaction of international trade courts and tribunals Michelle Zang
15. Access to trade tribunals – comparative perspectives Ole-Kristian Fauchald
16. Towards a more just WTO: which justice, whose interpretation? Andreas Føllesdal
Conclusions.

Subject Areas: Courts & procedure [LNAA], International criminal law [LBBZ], International economic & trade law [LBBM], International law [LB]