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to the WTO adjudicating fora, showing through their behavior that, if necessary, they would rather live in a world where … punishment is curbed, than in a world where punishment acts as deterrent. …
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This chapter reviews the literature on the enforcement and dispute settlement of international trade agreements. It organizes the review of theoretical developments according to the following questions, of which relevant studies provide new insights: How can governments enforce trade agreements...
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around the world. But while a significant number of major recent treaties contain such express provisions, most investment …
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Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...
Persistent link: https://www.econbiz.de/10011582200
The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...
Persistent link: https://www.econbiz.de/10011695562
Regional trade agreements (RTAs) have become an indelible feature of the international trading landscape. Most, if not all, RTAs contain provisions that establish procedures for resolving disputes among their signatory members. Yet, the design and functioning of these dispute settlement...
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