Our paper sheds light on Sanitary and Phytosanitary (SPS) cooperation among trading countries. We contribute to the existing literature a data-driven analysis on the effectiveness of various forms (in monetary value, duration, and diversification) of SPS related technical assistance received by 33 countries from 1993 to 2015. The World Trade Organization's (WTO's) SPS Agreement encourages biosecurity for countries through technical assistance, to safeguard human health and productivity from contamination by biological hazards (pests, pathogens, or invasive species). Our panel model finds that WTO's SPS program encourages simultaneously agricultural trade and biosecurity. We implement a Multiple Indicator Solution (MIS) to correct bias from the endogenous technical assistance. The effectiveness of technical assistance depends on geography and the level of development among the heterogeneous countries referred to in our data. This investment in biosecurity benefits both donors and recipients of technical assistance. Based on our results donors should be encouraged to invest in countries with below average resources and abilities.

In response to the invasion of Ukraine, the EU and most other advanced economies imposed extensive sanctions on Russia, intending to harm its production capabilities and hinder its economic activities by restricting its access to international trade and financial markets. This paper develops an empirical framework based on the synthetic control method to assess the impact of the war and the following sanctions on bilateral and sectoral exports to Russia almost in real time. The war and the following sanctions reduced aggregate exports to Russia by a third between March and December 2022, with the effects being stronger for sanctioning countries than for non-sanctioning ones, albeit with substantial country-level heterogeneity within each group. Exports to Russia in high-tech sectors – relatively more targeted by trade sanctions – have been disproportionately affected.

Two scholarly communities work on global trade and investment governance yet communicate little with each other. On the one hand, classic trade and investment scholarship focuses on states' foreign economic policies, trade and investment treaty programs, and participation in the World Trade Organisation. On the other hand, scholars of private and commercial law study how businesses draft and enforce the international contracts of a private law nature that ultimately constitute international trade and investment transactions. This research note seeks to raise awareness for this bifurcation of research on global trade and investment, develops a conceptual framework to better understand the role of private law in shaping trade and investment flows, and proposes a research agenda anchored in economics, political economy, and political science to advance our understanding of the role of private law in global trade and investment transactions and governance.

The EU has introduced a Carbon Border Adjustment Mechanism (CBAM), which extends its carbon prices to imported products in some sectors. Increasingly considered by other countries, such border carbon adjustments (BCAs) are facing a global backlash against the lack of consideration of the adverse impacts on developing countries and particularly, least developed countries (LDCs). This article first argues that small overall import volumes support the conclusion that exempting or lessening BCA requirements from LDCs would not undermine developed countries' climate-related objectives in practical terms. An economic analysis of EU and UK trade in relation to a CBAM supports this assertion. However, legally, such an exemption or development-based preferential treatment is difficult under existing multilateral trade rules and jurisprudence, owing to the legal characterization and objectives of BCAs; their interaction with existing special and differential treatment (SDT) provisions; and complexity of available policy options. We thus highlight the gap between normative aims of SDT provisions to support development, and current WTO law and jurisprudence which expose WTO members providing preferential treatment to allegations of discrimination. With increasing unilateral climate action, an inability to integrate SDT more meaningfully into WTO non-discrimination frameworks risks further weakening of international cooperation on climate and trade.

This paper develops the concept of transience of (in)formality to refer to the intersection of formal and informal negotiating procedures in the WTO decision-making system. It argues that both formal and informal negotiating processes are essential for delivering negotiating outcomes in the WTO. Particularly, the article assesses how informal negotiating practices emerge within the WTO formal framework and align with it. The analysis highlights how negotiating practices (re)shape existing norms, both formal and informal, adapting the WTO to overcome challenges and meet current needs. It also disputes legal formalistic perspectives that permeate trade literature and offer limited accounts of Members' agency in the WTO. The paper uses the Joint Initiatives as a case study to illustrate the convergence between formality and informality and a possible way ahead for the WTO negotiations. By broadening the understanding of law-making, it contributes to the discussion on WTO reform. It provides alternatives that reflect the reality of WTO negotiations and underlines the institution's relevance.

A ‘smart city’ is a buzz term and concept. The ‘smart city’ has mainly been discussed in the scholarly literature on urban planning, architecture, and geography. While the ‘smart city’ has been under-analyzed in international trade law, the term ‘smart city’ is commonly used in Asian trade policies. The Association of Southeast Asian Nations (ASEAN) established the ‘ASEAN Smart Cities Network’ and the ‘smart city’ is now an important market opportunity for exporting smart technologies and services to ASEAN. Against this backdrop, this article addresses how smart cities can be regulated and governed by international trade law. The trade law perspective facilitates a broader understanding of smart city governance, which includes under-explored ‘global’ regulatory dimensions concerning the interaction between local governments and foreign firms. This article selects three relevant trade areas for discussions: (1) Internet of Things in the context of trade in goods and services; (2) international standard-setting activities; and (3) data governance. It further considers what kinds of regulatory issues international smart city projects can add to the current digital trade discourse. Drawing on the smart city literature, the article points out additional problems concerning security and privacy that have not yet been acknowledged in digital trade.