The importance of the role of judicial bodies in maintaining the rule of law in the international legal order has increased significantly in recent decades and with it their exercise of hitherto unprecedented judicial powers. This trend has unquestionably been reinforced by the dispute settlement system of the World Trade Organization (WTO), governed by the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), which has widely been acknowledged to be successful. Similarly, arbitration between a State and a private party, whether...
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