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  • 16 - The Future of Trade Agreement Dispute Settlement Provisions

  • Edited by Kathleen Claussen, Georgetown University, Washington DC, Manfred Elsig, Universität Bern, Switzerland, Rodrigo Polanco, Universität Bern, Switzerland
  • Book:
    The Concept Design of a Twenty-First Century Preferential Trade Agreement
    Published online:
    04 April 2025
    Print publication:
    06 March 2025, pp 365-387
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  • Summary

    Dispute settlement is at the heart of trade agreements in the twenty-first century. As rules have proliferated, the importance of enforcement has likewise grown. In the late 1990s and early 2000s, the focus in trade agreements was state-to-state dispute settlement where one state would bring an action against another for the latter’s breach of the agreement. In recent years, however, the role and design of dispute settlement mechanisms have begun to evolve. This chapter examines that evolution and its future direction. It begins by reviewing recent innovations and the disputes that have arisen under those mechanisms. Next, it studies how these trends have highlighted additional areas for study in the areas of procedures, institutions, and remedies. Finally, the chapter turns to the purpose of dispute settlement mechanisms in trade agreements and argues that the future of dispute settlement is multipurpose and multi-optional.