31 mars 2017

OUVRAGE : M. Jansen, J. Pauwelyn, T. Carpenter (eds.), The Use of Economics in International Trade and Investment Disputes

Marion JANSEN, Joost PAUWELYN, Theresa CARPENTER

Twenty-first-century trade agreements increasingly are a source of international law on investment and competition. With chapters contributed by leading practitioners and academics, this volume draws upon investor-state arbitration and competition/antitrust disputes to focus on the application of economics to international trade law and specifically WTO law. Written in an accessible language suitable for a broad readership while providing concrete insights designed for the specialist, this book will be of use to those active or interested in the related fields of trade disputes, competition law, and investor-state arbitration.



TABLE OF CONTENTS
1. Marion Jansen, Joost Pauwelyn, Theresa Carpenter, Introduction: the use of economics in international trade and investment disputes
Part I.
THE USE OF ECONOMICS IN INTERNATIONAL TRADE AND INVESTMENT DISPUTES:

A PRACTITIONER'S VIEW
2. Robert Teh, Alan Yanovich, Integrating economic analysis into WTO dispute settlement practice: a view from the trenches
3. Thomas Graham, Present at the creation: economists and accountants in international trade law practice
4. Christian Lau, Simon Schropp, The role of economics in WTO dispute settlement and choosing the right litigation strategy – a practitioner's view
5. David Unterhalter, On interpretation and economic analysis of law
6. James Flett, The client's perspective
7. Bruce Malashevich, The use of economics in competition law: what works and what doesn't across national jurisdictions?
Part II.THE USE OF ECONOMICS IN INTERNATIONAL TRADE DISPUTES:
ECONOMIC VERSUS LEGAL THINKING

8. 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
9. Marion Jansen, Marios Iacovides, Lost in translation: communication and interpretation challenges related to economic evidence in trade disputes
10. Petros Mavroidis, Damien Neven, Land rich and cash poor? The reluctance of the WTO dispute settlement system to entertain economics expertise: an institutional analysis
11. Jorge Miranda, The economics of actionable subsidy disputes
12. Pablo M. Bentes, In search of a 'genuine and substantial' cause: the analysis of causation in serious prejudice claims
13. Amar Breckenridge, The games we play – simulation models in merger analysis and their potential use in trade litigation
Part III. THE USE OF ECONOMICS IN INTERNATIONAL INVESTMENT DISPUTES:
LIABILITY AND DAMAGES
14. Wolfgang Alschner, Aligning loss, liability and damages: towards an integrated assessment of damages in investment arbitration
15. Bastian Gottschling, Willis Geffert, An economic assessment of contracts and requests for contract reform and damages in international arbitration
16. Carla Chavich, Pablo Lopez, Economics in investor-state arbitration beyond quantum
17. Manuel A. Abdala, Alan Rozenberg, Assessing investor damages involving publicly traded companies – with examples from the Yukos' cases
18. 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
Appendix. Theresa Carpenter, Marion Jansen, Joost Pauwelyn, Guidelines for best practices for the use of economics in WTO dispute settlement



Marion JANSEN, Joost PAUWELYN, Theresa CARPENTER (eds.), The Use of Economics in International Trade and Investment Disputes, Cambridge, Cambridge University. Press, 2017 (426 pp.)


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