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This chapter describes the WTO dispute settlement system, focusing on its structure, procedures, and recent challenges. The WTO system, established in 1995, was a significant innovation in international trade law, featuring mandatory jurisdiction and a detailed set of rules in the Dispute Settlement Understanding (DSU). It aimed to ensure adherence to WTO commitments and provide predictability to the trading system.However, recent US concerns over the Appellate Body’s functioning led to blocked appointments, rendering the Appellate Body defunct and the system non-binding. This crisis has led to the exploration of alternative mechanisms like the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) and increased reliance on regional trade agreement dispute settlement mechanisms.
Edited by
Daniel Naurin, University of Oslo,Urška Šadl, European University Institute, Florence,Jan Zglinski, London School of Economics and Political Science
This chapter demonstrates the divergence between textbook conceptions of the European Commission as the ‘Guardian of the Treaties’ and empirical practice by investigating developments in the centralised enforcement of EU law – that is, in the Commission’s use of the infringement procedure. Since the Barroso II Commission, the number of infringement files that the Commission has decided to refer to the CJEU has declined drastically. The chapter explores potential origins of this development and focuses on the consequences. It shows that the Commission has primarily reduced its enforcement action vis-à-vis the ‘old’ fifteen Member States. Previous ‘usual suspects’ such as Italy and Spain are now no longer discernible. Moreover, from a previous focus on the internal market, taxation, mobility and transport, and the environment, only the latter remains a substantive priority. The internal market, in particular, has gone from priority to afterthought in centralised enforcement.
Sophie Legros1 is an ESRC Postdoctoral Fellow at the Department of Methodology of the London School of Economics and Political Science (LSE). She holds a PhD from the Department of International Development at the LSE. Her research explores changes in social norms shaping work, care and security in gang-controlled neighbourhoods in Medellín, Colombia, and the methods best suited to capture those dynamics.
If change is the only constant, how does the law keep pace with technology? Without a centralized judiciary, international law should be especially susceptible to disruption, yet it can be remarkably resilient in practice. I argue that efforts to minimize legal ambiguity, long seen as integral to compliance, can hinder its application to new technologies. Drawing on first principles from psycholinguistics, my theory differentiates between what I call convergent and divergent forms of flexibility. Unlike divergent flexibility, which gives rise to contestation, convergent flexibility tends to promote consensus, even when (1) technology is unprecedented and (2) regulatory interests sharply diverge. To test the theory, $450$ trained legal professionals were commissioned to take part in a randomized controlled trial (RCT) that varied technological novelty, legal precision, and political incentives. Participants collectively contributed 280,000 words over 10,000 hours in defense of their professional legal opinions, offering a novel (agent-subjective) measure of compliance. To establish external validity, the experiment is complemented with research into the legal impact of two breakthrough chemical weapons technologies: “super tear gas” and novichok. The findings contribute a general theoretical framework for understanding when and why emerging technologies are legally disruptive.
This chapter adopts a state-centered approach to compliance by examining how the Turkish and UK governments responded to ECtHR rulings on trade union rights. While both states enacted structural reforms to align with ECtHR judgments, the chapter shows that, upon closer inspection, these measures often prove partial and superficial. In Turkey, persistent strike bans, a collective bargaining system that privileges a government-aligned union, and violent repression of union activity indicate deep structural resistance to labor rights. In the UK, compliance took the form of narrow legal adjustments that reflect an instrumental approach rather than an absence of legal capacity. When evaluated solely by formal state responses, ECtHR rulings offer limited leverage for meaningful reform, confirming the pessimism of realist and critical scholars. Yet the chapter also shows that some of the most effective changes occurred before the Court issued its final ruling, suggesting that international law gains traction when combined with grassroots mobilization. In highlighting the limitations of a compliance-oriented perspective, the chapter sets the stage for the next two chapters, which explore how labor activists engage international human rights law not merely as a legal tool, but as part of broader campaigns for justice, recognition, and institutional change.
This paper explores how unrecognised separatist entities in Eurasia – de facto regimes such as Transnistria, South Ossetia, Abkhazia, Nagorno-Karabakh, and the Donetsk and Luhansk People’s Republics – engage with international law. It examines whether, and to what extent, these regimes comply with international law, analysing court decisions and legislation to move beyond simplistic views of non-recognition or assumed legality. The findings reveal that de facto regimes tend to mirror the international law approaches of the states they are most closely connected to – whether the territorial state (e.g. Ukraine) or an outside state exercising effective control over the entity (e.g. Russia or Armenia). This pattern is explained by the theory of “acculturation to statehood”: through sustained legal and institutional interaction, these regimes internalise and replicate the legal systems of their reference states. The study contributes to a more nuanced understanding of the role of de facto regimes in the international legal order.
Comment les professionnels du droit et de la médecine construisent-ils, au tribunal, le statut légal et l’état mental des patients, et comment ces derniers participent-ils à ces constructions? Cet article s’appuie sur l’analyse de 300 audiences à Paris et à New York, au cours desquelles des personnes hospitalisées sans consentement demandent leur sortie. Dans les deux villes, les tribunaux rejettent la grande majorité des requêtes. Ils le font en mobilisant, selon des modalités propres à chaque système, des répertoires juridiques et des capacités de contrôle qui transforment les patients en différents types de sujets utilisables: des personnes dont les droits sont formellement pris en compte à l’audience, mais qui sont néanmoins classées comme nécessitant les interventions sans consentement que la psychiatrie a les moyens d’assurer. À Paris, les professionnels du droit insistent sur les garanties procédurales tout en s’en remettant aux évaluations médicales du consentement des patients, entendu comme une disposition sous-jacente à accepter un traitement au long cours. À New York, les avocats contestent plus directement l’expertise psychiatrique, mais négocient avec médecins et patients autour de la compliance, comprise comme une acceptation de court terme de la médication. L’article propose ainsi de déplacer le regard des figures de sujets autonomes que les dispositifs médico-légaux et sociaux hybrides prétendent produire vers des formes plus contingentes et situées de sujets utilisables, qui rendent possible la coopération professionnelle et le traitement institutionnel dans un contexte de ressources limitées et d’extension des droits des patients.
Academic research institutions using REDCap often face challenges aligning with U.S. FDA requirements for electronic records and signatures under 21 CFR Part 11 (Part 11). A National Center for Advancing Translational Sciences(NCATS) working group developed an implementation guide for Part 11 compliance in REDCap. Within six months after release, 259 individuals representing 164 institutions accessed the guide. Individuals who downloaded the guide reported reduced vendor reliance, improved documentation, and establishment Part 11-ready REDCap instances. This working group demonstrated how collaboration between technical and regulatory experts at many peer institutions is effective in improving regulatory compliance across the research enterprise.
Abstract: Drawing on the findings and examples from the various chapters, this conclusion argues that there is significant untapped potential for a greater role for international adjudication in the international society. In particular, developments in the law of state immunity may give rise to judicially legitimised seizing by states of assets of other states and even arrests of their state officials. In particular fields, legal mechanisms are being developed that mobilise the coercive apparatus of states to apply measures of constraint against other states, their assets, and their leaders. Though these mechanisms remain rare, they provide a glimpse into the possible operation of an international order characterised by judicially guided, coercively enforceable international law.
Abstract: This chapter introduces the theme of international adjudication and considers the ability of international courts (ICs) to influence state behaviour through judicial remedies. ICs hold delegated authority to interpret and apply elements of the normative framework that structures inter-state relations and establishes permissible and prohibited conduct, but are unable to determine the deployment of political and economic resources to coerce recalcitrant states. Their influence over state behaviour thus depends on ICs’ ability to mobilise, through mere authoritative communications, the forces that lead international law to influence state conduct in the first place. For this, ICs have at their disposal a variety of communicative instruments: their judicial remedies. The chapter presents a fourfold typology of judicial remedies – Mere Adjudication, Declaration of Breach, Consequential Duties, and Permissible Responses – that ICs use to calibrate the exercise of their adjudicative authority. Though all judicial remedies concern the interpretation and application of norms, their varied focuses allow ICs to selectively mobilise the different internal and external forces that shape state behaviour.
This chapter examines the roles played by the FATF and the UN in countering terrorist access to finance. The chapter also notes the role played by the G-7 (G-8), OAS, and the ASEAN Regional Forum. Among the issues discussed in detail are sanctions, capacity building, and the importance of FATF’s recommendations that are a feature of government efforts to counter terrorist financing and money laundering.
Abstract: This chapter examines the system of remedies applied in WTO dispute settlement, sometimes called ‘prospective’ or ‘forward-looking’. This system integrates remedy repetition and remedy escalation, with remedies being issued sequentially: initial rulings (Mere Adjudication and Declarations of Breach) are followed by the possibility of compliance adjudication, and, where this is insufficient, the prospect of escalation through authorised trade retaliation (Permissible Responses). While authorised retaliation is often seen as the key WTO remedy, the practice shows that it is rarely implemented. Instead, the system’s strength lies in mobilising the deterrent effect of remedy escalation together with the reputational costs of declared non-compliance. The chapter considers the historical evolution of remedies applied in international trade law, from the GATT 1947 to the current Dispute Settlement Understanding, analysing their central components and practical applications. The design of the WTO’s system of remedies, which seeks to mobilise the various layers of pro-compliance forces of international law, provides an analytical framework for the subsequent chapters assessing the remedial practice of international courts in the face of non-compliance.
The Society of Critical Care Medicine (SCCM) launched the Intensive Care Unit (ICU) Liberation Campaign in 2014 as a project to improve patient- and family-centered care that packaged key concepts from 2013 and 2018 clinical practice guidelines into a six-element bundle delivered by an interprofessional team at the bedside. The goals of the bundle include: optimizing pain management, shortening the duration of mechanical ventilation, minimizing the use of sedating medications, and reducing the incidence and duration of delirium and ICU-acquired weakness, largely by keeping the patient as physically and cognitively engaged as possible through early mobilization and family engagement. In addition to these short-term goals, incorporation of the ABCDEF bundle is one major strategy to decrease the risk of PICS. The ABCDEF bundle includes: Assess, prevent, and manage pain, Both spontaneous awakening trials (SAT) and spontaneous breathing trials (SBT), Choice of analgesia and sedation, Delirium: assess, prevent, and manage, Early mobility and exercise, and Family engagement and empowerment. The bundle, whose elements are interdependent and synergistic, has demonstrated significant efficacy in improving several outcomes in critically ill patients, but compliance with the bundle is still suboptimal worldwide. Accordingly, many institutions utilize ‘checklists’ as cognitive aides to enhance bundle adherence with modest success.
A growing body of research theorizes that partisanship can undermine democracy as citizens prioritize their political interests over abstract norms and values. We argue that crises might counteract intense partisanship by giving citizens clarity on the threats posed by rule of law violations. Examining the differential application of a law – a breach of democratic norms – we draw on an experiment embedded in representative surveys of Germany, the United States, Hungary and Poland to examine citizens’ sense of appropriate punishment for elites’ violation of a municipal mask‐wearing ordinance. We find evidence of partisan bias in citizens’ willingness to support punishment in all four countries. But, in the two consolidated democracies, we find that concern about the Covid‐19 crisis diminishes partisan biases in punishment preferences: citizens who are most concerned about the crisis also model the most consistency in their willingness to hold copartisans into account.
How do democratic states induce citizens to comply with government directives during times of acute crisis? Focusing on the onset of the Covid‐19 pandemic in France, I argue that the tools states use to activate adherence to public health advice have predictable and variable effects on citizens’ willingness to change their routine private behaviours, both because of variation in their levels of restrictiveness but also because of differences in people's political motivations to comply with them. Using data collected in March 2020, I show that people's reports of changes in their behavioural routines are affected by the signals governments send, how they send them and the level of enforcement. I find that a nationally televised speech by President Macron calling for cooperative behaviour and announcing new restrictions elevated people's willingness to comply. Moreover, while co‐partisanship with the incumbent government increased compliance reports before the President's primetime television address, presidential approval boosted reports of compliance after.
Italy and the Italian Red Cross (ItRC) have recently developed a strong institutional partnership aimed at the promotion of international humanitarian law (IHL), both domestically and in international fora. This cooperation has been particularly evident in the last few years and culminated during the 34th International Conference of the Red Cross and Red Crescent (International Conference) in 2024, when Italy and the ItRC worked side by side in the preparation of the event and actively followed up to turn commitments into concrete outcomes. Their close coordination also stands out in the participation and engagement of relevant administrations and national stakeholders in Italy’s National IHL Committee, re-established in 2021, whose role and functioning features prominently in this contribution as a concrete example of Italy and the ItRC’s renewed collaboration. Through a qualitative review of previous initiatives, including the adoption of the first IHL Voluntary Report, the cooperation on a new IHL military manual and the joint engagement in the last International Conference, this paper assesses how cooperation between States and National Red Cross and Red Crescent Societies influences both IHL’s implementation and its elevation as a political priority, analyzing enabling factors, suggesting avenues for further improvements and potentially illustrating an example that could inform similar efforts in other national contexts.
Compliance with court decisions is essential for the rule of law. Generally, regimes comply with decisions that serve their interests; however, compliance with decisions against government interests is less certain. In 1947–2005 and 2014–2023, the Supreme Court of Pakistan (SCP) decided many politically important cases in favour of the prevailing authoritarian and hybrid regimes. However, between 2005 and 2013, although the SCP reached decisions against the government’s interests in politically important cases, the government still complied. Why would authoritarian and hybrid regimes, such as those in Pakistan between 2005 and 2013, comply with decisions in politically important cases that were against their interests instead of disobeying or ignoring them? Very few studies have addressed this puzzling phenomenon. This article argues that increasing public support for courts coupled with reinforcement mechanisms—supported by both the judiciary and external actors—contributes to such compliance. The article concludes that a combination of social, political, and legal factors is essential for compliance by authoritarian and hybrid regimes in politically important cases.
Part II sets out and elaborates a new theory of chilling effects – a conformity theory – a central contribution of the book. Chapter 3, the first chapter in Part II, lays the theoretical and empirical foundation for this new understanding by connecting chilling effects with a broader body of social science and behavioral theory, in particular, research on social influence, like conformity and compliance. The author begins with an illustration of the power of extralegal social surveillance, convention, and norms to police behavior – at times more effective than laws – and the role of conformity and compliance in these contexts.
Chapter 1 introduces the main issues raised in Labour Law and its social and economic significance in regulating workplace relations. The chapter introduces the principal sources of labour law in the UK, which include statutes, the common law and European law and the difficulties in securing compliance by employers with those laws. It describes the system of employment tribunals and ordinary courts where disputes are resolved. Finally the chapter introduces some contemporary themes concerning precarious work, work/life balance and human rights at work.
This Article brings together two important concepts in international law scholarship that have thus far been studied in isolation from each other: reputation and interpretation. Interesting insights lie hidden in their overlap. While interpretation is still commonly perceived as a sterile exercise in “legal logic,” the Article suggests that it is often better studied as a social practice, within which the relationships between the interpreters that are arguing with each other frequently matter as much as the arguments themselves. The Article therefore suggests a new way of looking at interpretation in international law: Interpretation as a practice of reputation management, where collective actors like states present themselves to others in the interpretations they adopt, and are evaluated by various audiences on the basis of these interpretations. The main argument can be summarized like this: If international law is relatively indeterminate, interpretation is a situated choice. By making that choice, an interpreter reveals something fundamental about itself to its audiences. Interpreters therefore carefully manage their interpretive expressions out of a desire to be well-regarded by these audiences. This phenomenon of reputation management has important implications for the practice of interpretation in international law.