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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/10010320268
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/10010335649
In this paper, we provide some descriptive statistics of the first twenty years of the WTO (World Trade Organization …) dispute settlement. The database used in this paper was assembled by the authors and has been publicly available (http://globalgovernanceprogramme.eui.eu/wto … parties, as well as the WTO judges (panelists and Appellate Body members); and, finally, information regarding the subject …
Persistent link: https://www.econbiz.de/10011917024
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/10010320036
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/10010320040
concerning allocation of jurisdiction which are common to all WTO Members and bind them by virtue of their appurtenance to the … international community. In this paper, we focus on the interaction between trade and environment. The purpose of this study is to … highlight how these rules and the GATT/WTO jointly determine the scope for unilateral environmental policies for WTO Members. In …
Persistent link: https://www.econbiz.de/10010320089
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/10010320340
(WTO) adjudicating bodies. At the end of this Chapter we provide a critical assessment of the case law. In light of our …
Persistent link: https://www.econbiz.de/10010320354
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/10010320413
Persistent link: https://www.econbiz.de/10011406706