The rise and proliferation of private standards have been recognized in international trade law, and various concerns have been raised. Existing literature analyses how the World Trade Organization (WTO), particularly the SPS (Sanitary and Phytosanitary) Committee and the TBT (Technical Barriers to Trade) Committee, have responded (or cannot respond) to the proliferation of private standards. This paper goes one step further by focusing specifically on the meta-regulatory function performed by regional and international organizations other than the WTO. This paper sheds light on three types of governance techniques that can serve as meta-regulatory activities in relation to private standards by regional and international organizations: (1) governance by delegation; (2) governance by information; and (3) governance by soft law. This paper analyses features of these governance techniques and considers the relation between these governance techniques and the WTO's approach.

Technical Barriers to Trade are on the rise at a time when the ghost of protectionism looms large across the world economy. They are allegedly trade restrictive and some of them are more burdensome than others, particularly to foreign suppliers. The leading question of this study is who embraces technical barriers to trade better than others and why. This study examines how different countries have reacted to the REACH regulations of the European Union and what factors have motivated some, if not all, of them to harmonize their domestic policies with REACH regulations. With a random-effects ordered logistic regression analysis, this study finds strong statistical support for two out of three diffusion mechanisms – that is, transnational communication and competition pressure for exports market. The causal relationship between intergovernmental institution and the level of harmonization is found statistically insignificant. These findings imply that technical regulations, if understood correctly through communication and/or motivated by strong commercial incentives, can create upward pressure for global regulatory harmonization.

The WTO SPS Agreement sets a framework of rules that encourages harmonization through international standards. However, there is a lack of empirical research at the macro-level on how such international standards affect trade flows. This study conducts a general impact analysis on one of the most widely used food-related international standards in the world, the ISO22000, accounting for the different product types and country groups. The Codex Alimentarius Commission, one of three sister organizations of the SPS Agreement, notably participated in developing this standard that is based on its Food Code, harmonizing the Hazard Analysis and Critical Control Points (HACCP) and Good Manufacturing Practice (GMP). This study employs recent developments in using the gravity model, along with uniquely employed additional specifications to enhance further the reliability of the estimates. Results show that ISO22000 diffusion negatively affects the exports of processed products that are the major export goods of developed countries. Primary and semi-processed products that compose the majority of developing country exports are not significantly affected, providing evidence against the concerns for the compliance burdens of developing countries when being certified to the standard. The burdens may depend more on the degree of processing of the exported goods rather than on a country's development status.

In order for one Member to implement trade remedies against another, it must be satisfied that the harm to its domestic industry was the result of imports, rather than some other factor(s). In order for a Member to be satisfied in this way, it must perform both: (1) a causal link analysis, and (2) a non-attribution analysis. In interpreting the relevant provisions concerned with the causal link and non-attribution analysis, the Appellate Body (AB) has consistently found that injury to the domestic industry need not be the product of imports alone – that is, it may be the result of a combination of imports and other factors. Accordingly, many commentators have queried the utility of separating imports from other causal factors at the non-attribution stage. This article argues that these two apparently contradictory positions may be reconciled if they are interpreted such that the causal contribution from imports must reach a minimum threshold, whilst also providing some tolerance for other factors. This article argues in favour of using econometric tests as a means of measuring and separating the causal contributions of imports vis-à-vis other factors and allocating responsibility to each. The article concludes by proposing a three-step non-attribution and causal link analysis.

This article introduces a novel database on investment treaties called the Electronic Database of Investment Treaties (EDIT). We describe the genesis of the database and what makes EDIT the most comprehensive and systematic database to date. What stands out besides the coverage is that treaties are all provided in one single language (English) and in one single format that is machine-readable. In the second part of the article, we provide selected illustrations on how the data can be used to address research questions in international law, international political economy, and international relations by applying text-as-data methods and by extracting and visualizing data based on EDIT.

The ‘new NAFTA’ agreement between Canada, Mexico, and the United States maintained the system for binational panel judicial review of antidumping and countervailing duty determinations of domestic government agencies. In US–Mexico disputes, this hybrid system brings together Spanish and English-speaking lawyers from the civil and the common law to solve legal disputes applying domestic law. These panels raise issues regarding potential bicultural, bilingual, and bijural (mis)understandings in legal reasoning. Do differences in language, legal traditions, and legal cultures limit the effectiveness of inter-systemic dispute resolution? We analyze all of the decisions of NAFTA panels in US–Mexico disputes regarding Mexican antidumping and countervailing duty determinations and the profiles of the corresponding panelists. This case study tests whether one can actually comprehend the ‘other’. To what extent can a common law, English-speaking lawyer understand and apply Mexican law, expressed in Spanish and rooted in a distinct legal culture?

This paper applies machine learning to recreate to a high degree of accuracy the OECD's Services Trade Restrictiveness Index (STRI) to provide quantitative evidence on the restrictiveness of services policies in 2016 for a sample of developing countries, using regulatory data collected by the World Bank and WTO. Resulting estimates are used to extend the OECD STRI approach to 23 additional countries, producing what we term a Services Policy Index (SPI). Converting the SPI to ad valorem equivalent terms shows that services policies are typically much more restrictive than tariffs on imports of goods, in particular in professional services and telecommunications. The SPI has strong explanatory power for bilateral trade in services at the sectoral level, as well as for aggregate goods and services trade.