The Use of Economics in International Trade and Investment Disputes (Hardcover)

1. Introduction: the use of economics in international trade and investment disputes Marion Jansen, Joost Pauwelyn and Theresa Carpenter; Part I. The Use of Economics in International Trade and Investment Disputes: A Practitioner's View: 2. Integrating economic analysis into WTO dispute settlement practice: a view from the trenches Robert Teh and Alan Yanovich; 3. Present at the creation: economists and accountants in international trade law practice Thomas Graham; 4. The role of economics in WTO dispute settlement and choosing the right litigation strategy - a practitioner's view Christian Lau and Simon Schropp; 5. On interpretation and economic analysis of law David Unterhalter; 6. The client's perspective James Flett; 7. The use of economics in competition law: what works and what doesn't across national jurisdictions? Bruce Malashevich; Part II. The Use of Economics in International Trade Disputes: Economic Versus Legal Thinking: 8. What to do if economic insights are disputed: on the challenge to deal with competing and evolving theories or empirics in international trade disputes Anne van Aaken; 9. Lost in translation: communication and interpretation challenges related to economic evidence in trade disputes Marion Jansen and Marios Iacovides; 10. Land rich and cash poor? The reluctance of the WTO dispute settlement system to entertain economics expertise: an institutional analysis Petros Mavroidis and Damien Neven; 11. The economics of actionable subsidy disputes Jorge Miranda; 12. In search of a 'genuine and substantial' cause: the analysis of causation in serious prejudice claims Pablo M. Bentes; 13. The games we play - simulation models in merger analysis and their potential use in trade litigation Amar Breckenridge; Part III. The Use of Economics in International Investment Disputes: Liability and Damages: 14. Aligning loss, liability and damages: towards an integrated assessment of damages in investment arbitration Wolfgang Alschner; 15. An economic assessment of contracts and requests for contract reform and damages in international arbitration Bastian Gottschling and Willis Geffert; 16. Economics in investor-state arbitration beyond quantum Carla Chavich and Pablo Lopez; 17. Assessing investor damages involving publicly traded companies ? with examples from the Yukos' cases Manuel A. Abdala and Alan Rozenberg; 18. From the law of valuation to valuation of law? On the interplay of international law and economics in fair-market valuation Fuad Zarbiyev; Conclusion Theresa Carpenter, Marion Jansen and Joost Pauwelyn; Appendix. Guidelines for best practices for the use of economics in WTO dispute settlement Theresa Carpenter, Marion Jansen and Joost Pauwelyn.