On the 3rd of April 2019 our ESR, Cornelia Furculita presented during the ESIL International Economic Law Interest Group Workshop of the at the 2019 ESIL Göttingen Research Forum, with the title: ‘Trade Agreements and the Rule of Law’. Cornelia presented her paper ‘FTAs State-to-State Dispute Settlement Mechanisms – An Alternative in Times of AB Crisis’.
In the wake of the Appellate Body (‘AB’) crisis, the paper anticipates a surge in the use of the FTA Dispute Settlement Mechanisms (‘DSMs’) that slowly could emerge as potential alternatives to the WTO dispute settlement. The paper analyzes whether FTA DSMs could become viable alternatives for solving trade disputes between the parties in the scenario of an inoperable WTO DSM and performs an analysis of the DSMs contained, particularly, in CETA and EU-Japan EPA (‘JEEPA’). It looks into substantive, procedural, as well as, political factors that could influence the emergence of FTA DSMs as alternatives for solving trade disputes.