Showing 1 - 10 of 16
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
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/10010320296
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
Organization (WTO) as a way to resolve trade conflicts. I investigate whether the DSM can be improved by introducing a permanent …
Persistent link: https://www.econbiz.de/10011917095
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
agreement and how this depends on the fundamentals of the contracting environment. We argue that taking contracting costs …
Persistent link: https://www.econbiz.de/10010320067
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
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/10010320171