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A significant body of research has sought to examine claims that developing countries are underrepresented as complainants, and/or over-represented as respondents in the WTO dispute settlement system. Most of this literature has focused on their propensity to participate, the idea being that...
Persistent link: https://www.econbiz.de/10003757010
This paper examines the role of the burden of proof (BoP) in National Treatment (NT) disputes under trade agreements. In the situation under study, imports may cause environmental damage, in which case less favorable treatment of imported products may be globally desirable from an international...
Persistent link: https://www.econbiz.de/10003809130
This paper discusses allocation of burden of proof in environmental disputes in the WTO system. Besides laying down the natural principles that (i) the complainant carries the burden to (ii) make a prima facie case that its claim holds, WTO adjudicating bodies have said little of more general...
Persistent link: https://www.econbiz.de/10003814076
We examine the setting of national competition policy in a two-country setting,emphasizing the relationship of trade to the goals of competition policy (suchas the degree and nature of competition). The issues we address involve thegeneral equilibrium distributional effects of competition...
Persistent link: https://www.econbiz.de/10011299975
Persistent link: https://www.econbiz.de/10009410534
The paper argues that focusing only on disputes formally raised in the WTO Dispute Settlement system underestimates the extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of 'specific trade concerns' 􁈺STCs􁈻 that in the...
Persistent link: https://www.econbiz.de/10009722025
Persistent link: https://www.econbiz.de/10009580789
Persistent link: https://www.econbiz.de/10009580800
The paper argues that focusing only on disputes <I>formally raised</I> in the WTO Dispute Settlement system underestimates the extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of ‘specific trade concerns' (STCs) that in the overwhelming...</i>
Persistent link: https://www.econbiz.de/10013049353
Almost all WTO dispute panels exceed their statutory time limits. This is often seen to indicate a more general problem for panels to manage their tasks. The time required varies considerably across panels however, suggesting that they do not face the same problems. To shed light on these...
Persistent link: https://www.econbiz.de/10013049355