Showing 1 - 8 of 8
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 …
Persistent link: https://www.econbiz.de/10005419555
The basic legal instrument in the WTO Agreement regulating domestic environmental policies is the GATT National … environment, in a situation where imports may cause environmental damage. The paper finds that there may be a tension between NT … and environmental concerns, but that this is not likely to arise in the context of severe threats to the environment. In …
Persistent link: https://www.econbiz.de/10005645379
The Dispute Settlement (DS) system is a central feature of the World Trade Organization (WTO) Agreement. This … compulsory and binding two-level mechanism for the adjudication of disputes between WTO Members is the most active among … WTO Dispute Settlement Data Set. The data set covers all 426 WTO disputes initiated through the official filing of a …
Persistent link: https://www.econbiz.de/10009386417
agreement and how this depends on the fundamentals of the contracting environment. We argue that taking contracting costs …
Persistent link: https://www.econbiz.de/10005771085
The purpose of this paper is to report some initial findings based on the WTO Dispute Settlement Data Set (Ver. 2 … of the Dispute Settlement (DS) system. It covers all 351 WTO disputes initiated through the official filing of a Request …
Persistent link: https://www.econbiz.de/10005419503
complainants, and/or over-represented as respondents in the WTO dispute settlement system. Most of this literature has focused on … claims made in each WTO dispute between 1995 and 2006, as well as a rough classification as to whether each specific claim …
Persistent link: https://www.econbiz.de/10005645308
The National Treatment clause (NT) is the first-line defense in the GATT (and in most other trade agreements) against opportunistic exploitation of the inevitable incompleteness of the agreement. This paper examines the role of NT as it applies to internal taxation under the GATT. It is shown...
Persistent link: https://www.econbiz.de/10005645401
It has been alleged since its inception that the WTO Dispute Settlement (DS) mechanism is biased against developing …
Persistent link: https://www.econbiz.de/10005645431