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This paper studies the under-explored yet critical role of WTO's regular bodies, particularly focusing on the discussions of "trade concerns" within the Goods Council, its subsidiary bodies, as well as the General Council. These discussions are pivotal for the governance of international trade...
Persistent link: https://www.econbiz.de/10014541652
The article focuses on the role of the NGOs in the dispute settlement process of the WTO. It argues that NGOs participation is underpinned by the emerging norm of participatory democracy. Given the growing expectations about WTO's accountability, transparency and democratic legitimacy, the NGOs...
Persistent link: https://www.econbiz.de/10013063217
Preventing trade wars is a key function of the WTO rule-based system. But as the United States and China waged the largest trade war in history, the WTO sat on the sidelines, unable to do anything to stop the fight. Why has the system failed so spectacularly? In a search for answers, this...
Persistent link: https://www.econbiz.de/10012828035
The article addresses a current WTO dispute between the United States and the European Communities on selected customs matters. The article discusses the necessity for a uniform WTO agreement on trade facilitation, as well as analyzes the apparent inconsistency between the General Agreement on...
Persistent link: https://www.econbiz.de/10014050504
Most specific trade concerns (STCs), which are raised before the WTO Committee on Technical Barriers to Trade (TBT Committee), disappear from the TBT Committee's meeting agendas without escalating into formal disputes. At the same time, a relatively small number of TBT-related disputes have been...
Persistent link: https://www.econbiz.de/10011930978
Small and large countries show divergent behavior in the dispute settlement process of the WTO. Disputes that involve larger economies are more likely to result in litigation. Moreover, in a dispute between a large country and a small country, litigation is more likely if the small country is...
Persistent link: https://www.econbiz.de/10014206680
A long-standing debate questions whether the World Trade Organization's (“WTO”) formal dispute settlement procedures …
Persistent link: https://www.econbiz.de/10012856732
The chapter begins by describing how a handful of recent cases pertaining to IP issues in the context of investor-State dispute settlement (ISDS) have generated considerable interest in the interface between investment and intellectual property. It suggests that it may be useful to take a...
Persistent link: https://www.econbiz.de/10012862037
The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...
Persistent link: https://www.econbiz.de/10012845978