Kathleen Claussen (Georgetown University Law Center) has posted The Future of Trade Agreement Dispute Settlement Provisions (in The Concept Design of 21st Century Trade Agreements (Kathleen Claussen, Manfred Elsig, Rodrigo Polanco eds., Cambridge University Press) (2024)) on SSRN. Here is the abstract:
This chapter begins by briefly surveying dispute settlement mechanisms that commonly appear in trade agreements. Many trade agreements include binding arbitration tools for the resolution of disputes among the parties, but not all commitments in the agreement may be subject to dispute settlement. Some trade agreements differ with respect to the legal result or outcome of the arbitration process. Agreements vary in the remedies they provide to the successful party. While a comprehensive study exceeds the bounds of this short chapter, reviewing the taxonomy is useful to understanding the landscape. After mapping the terrain, the chapter then turns to the primary issues facing states and other stakeholders as they write new trade agreements and negotiate less orthodox mechanisms to address problems that arise in trade relationships. Finally, the chapter makes recommendations for future negotiations and for further research.
