The EU—Fatty Alcohols decision of the Appellate Body addressed an important issue of the scope of permissible adjustments under Article 2.4 of the Agreement on Interpretation of Article VI of the GATT 1994, focusing on the “mark-up” paid by an Indonesian exporter to a related company as a...

This paper analyses the most recent WTO Appellate Body (AB) report in a series of disputes between the U.S. and the EU over government support to aircraft manufacturers Boeing and Airbus. The measures under dispute in U.S. – Tax Incentives were investment promotion subsidies provided to Boeing...

This article analyses the most recent WTO Appellate Body (AB) report in a series of disputes between the U.S. and the EU over government support to aircraft manufacturers Boeing and Airbus. The measures under dispute in US – Tax Incentives were investment promotion subsidies provided to Boeing...

This article reviews the Appellate Body decision in the implementation phase of the EC – Aircraft dispute. Focusing on some of the key findings, we assess whether they are legally and economically correct. We conclude that a) though still unclear, the test for establishing de facto contingency...

The Appellate Body report in EU – PET (Pakistan) raises distinct questions relating to the need for findings in relation to expired measures, the conditions under which duty drawback schemes may constitute subsidies and the causation methodology to apply under the SCM Agreement. We conclude...

The European Union's wider neighbourhood hosts some of the world's main unresolved conflicts. As the EU developed its foreign and security policy, a blend of internal security and external stability concerns, as well as the reference to international legal and humanitarian norms, required it to...

Based on the reasoning of the Appellate Body in Canada/United States--Continued Suspension of Obligations in the EC-Hormones Dispute ('Continued Suspension'), this paper analyzes the distinction between the national-treatment obligation under Article III of GATT and the requirement under the...

Post-grant validity challenges at patent offices rely on the private initiative of third parties to correct mistakes made by patent offices. We hypothesize that incentives to bring post-grant validity challenges are reduced when many firms benefit from revocation of a patent and when firms are...