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In: International Investment Law

This article examines the question of whether the wto enjoys a monopoly over the settlement of trade disputes by examining the historical context of the Dispute Settlement Understanding of the wto, including early dispute resolution under the gatt and the goal behind the transformation leading to the wto of curbing potential unilateralism within the trade regime. It argues that this culminated in the intention to create a centralized rule-based system for the settlement of disputes, rather than an intention to create a monopoly for the wto. The article examines potential threats to the so-called monopoly, in particular with the proliferation of Regional Trade Agreements (rtas) and the development of Mutually Agreed Solutions (mas). It also addresses relevant case law to demonstrate that the wto does not and was not intended to enjoy a monopoly over trade disputes. Rather, the wto pursues the objective of strengthening the multilateral trading system rather than encouraging unilateral trade action, which would not appear to be undermined by resort to the dispute settlement mechanisms of relevant rtas or other dispute settlement mechanisms.

In: The Law & Practice of International Courts and Tribunals

Abstract

Makane Moïse Mbengue engages a ‘conversation’ with Judge Weeramantry (who has been rather critical on the caution that the Court exercised with respect to the legal status of sustainable development), showing that despite the judicial restraint that has characterized the treatment of the issue, the Judgment of the Court paved the way for a more progressive judicial construction of sustainable development.

In: The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

Abstract

The COVID-19 crisis offers an opportunity to shape new narratives of solidarity. Africa has been at the forefront of such revisited narratives on solidarity. The present contribution explores in particular the narrative developed by President Macky Sall of Senegal, highlighting its two facets: narrative on the crisis and narrative of the crisis.

Open Access
In: Crisis Narratives in International Law
In: General Principles and the Coherence of International Law
In A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector, Elena Cima and Makane Moïse Mbengue bring together leading academics and practitioners to discuss the most significant challenges faced by trade liberalization and investment protection in the energy sector. At the same time, they address the environmental and human rights issues that often underlie these challenges, in a skillful attempt to bridge the gap between these different perspectives and ultimately pave the way to a multi-faceted and comprehensive approach to the subject matter.