Showing 1 - 9 of 9
Abstract: This paper analyses the potential of the WTO waiver as a legal instrument to reconcile conflicting norms and … interests. It is argued that conflicts between WTO law and other international legal regimes are often an expression of …
Persistent link: https://www.econbiz.de/10008611139
by the Italian (as a sample of the EU member states), the WTO and EU legal orders is singled out. The concept of Economic … comparative law, the attitudes towards the economic issues of the legal orders at hand. Hence, the ECIs of Italy, the WTO and the …
Persistent link: https://www.econbiz.de/10008611144
Abstract: This paper examines the impact of international law on the ability of states to mitigate the effects of financial crises.  It focuses on the invocation of investment treaty disciplines in the aftermath of the 2001-2 Argentine financial crisis and the adjudication of Argentina’s...
Persistent link: https://www.econbiz.de/10008611154
Abstract: This article explores the normative interplay between systems of regional integration and the WTO. It is … normative claims and challenges posed by the WTO Appellate Body, such as the claim of normative supremacy. It tries to highlight … the way and processes by which such judicial or quasi-judicial institutions mediate claims and conflicts vis-à-vis the WTO …
Persistent link: https://www.econbiz.de/10008611159
Abstract: It is clear that Article 1102 of NAFTA was not intended to prohibit all kinds of differential treatment between foreign and domestic investors. Therefore, what kind of discrimination does Article 1102 outlaw? Many would confidently answer: discrimination aimed at protectionism....
Persistent link: https://www.econbiz.de/10008611171
Abstract: This article evaluates two potential interpretations of the duty to negotiate as it was addressed in the Appellate Body’s Gambling opinion, and considers whether either interpretation is reconcilable with the Appellate Body’s holdings in Turtle-Shrimp and Gasoline .  Specifically,...
Persistent link: https://www.econbiz.de/10008611177
specifically on the experience of the WTO and NAFTA in promoting trade and investment across countries through the NT principle and …
Persistent link: https://www.econbiz.de/10008611181
international trade law in the context of the GATT/WTO.  We argue that the analysis of GSP schemes and the concerned Appellate Body …
Persistent link: https://www.econbiz.de/10008611190
EU would serve as guides for WTO decision-makers reviewing the credibility of scientific theories underlying national SPS …. This jurisprudence - notwithstanding attempts by the WTO Appellate Body, in some cases, to permit flexibility in domestic … WTO decision-makers in the SPS context, when compared with their judicial counterparts in the US and EU, reflects the …
Persistent link: https://www.econbiz.de/10008455534