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This paper surveys the law and economics literature on WTO dispute settlement. As a background, we first briefly lay …
Persistent link: https://www.econbiz.de/10005645333
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 …
Persistent link: https://www.econbiz.de/10010818374
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
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
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
We propose a model of trade agreements in which contracting is costly, and as a consequence the optimal agreement may be incomplete. Inspite of its simplicity, the model yields rich predictions on the structure of the optimal trade agreement and how this depends on the fundamentals of the...
Persistent link: https://www.econbiz.de/10005771085
in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the … between them. The basic conclusion is that legislators’ silence concerning this relationship should speak volumes to WTO … adjudicating bodies: MEAs should not be automatically understood as imposing legally binding obligations on WTO Members, but could …
Persistent link: https://www.econbiz.de/10010818378
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 …
Persistent link: https://www.econbiz.de/10005645379