FTA Dispute Settlement Mechanisms: Alternative Fora for Trade Disputes—The Case of CETA and EUJEPA

Abstract

This chapter investigates whether in the context of the Appellate Body crisis and the more developed substantive FTA norms, the dispute settlement mechanisms contained in EU FTAs, particularly CETA and EUJEPA, could emerge as attractive alternative fora for solving trade disputes. The chapter will analyze potential substantive and procedural aspects that would shape the answer to the posed question. It will argue that CETA and EUJEPA dispute settlement mechanisms could become only partial attractive bilateral alternatives to solve trade disputes between the parties. It will also show that there are certain aspects that will act against these mechanisms.