Showing 1 - 10 of 14
Recent survey evidence and proposals made in long-running negotiations to improve WTO dispute settlement procedures illustrate that many stakeholders believe the system needs improvement. The Appellate Body crisis could have been avoided but for the use of consensus as WTO working practice....
Persistent link: https://www.econbiz.de/10012842353
Regulation of football in Europe is, absent some piecemeal interventions (like sharing of TV rights) largely non-existent. This is the case, because the de facto regulator (UEFA, Union Européenne of Football Associations) has no mandate to comprehensively address on its own competitive balance,...
Persistent link: https://www.econbiz.de/10012917784
This paper advocates changes in the corporate governance of the World Trade Organization (WTO) to reflect the decline in tariffs and other border restraints to commerce and the emerging challenges of advancing freer trade and better regulation cooperation in a world economy dominated by global...
Persistent link: https://www.econbiz.de/10012978216
The WTO Appellate Body (AB) has produced a volume-wise important body of case law, which is often difficult to penetrate, never mind classify. Howse (2016) has attempted a very lucid taxonomy of the case law using the standard of review as benchmark for it. His conclusion is that the AB is quite...
Persistent link: https://www.econbiz.de/10012981725
The WTO has struggled with the treatment of nonmarket economies (NMEs). What was a nonissue in the original GATT (because of the homogeneity of participants) became quite an issue with the accession of formally centrally planned economies, which were not transformed to market economies, at least...
Persistent link: https://www.econbiz.de/10012961582
Private standards are increasing in number, and they affect trade, but their status in the WTO remains problematic. Standards-takers are typically countries with little bargaining power, who cannot affect their terms of trade and thus, even if they possess domestic antitrust laws, will find it...
Persistent link: https://www.econbiz.de/10012995676
Transparency obligations have undergone substantial transformations since the inception of the GATT in 1947. The paper begins by tracing the evolution of transparency principles during the WTO era. From an obligation to publish general laws affecting trade, the system now includes peer review by...
Persistent link: https://www.econbiz.de/10013027565
The basic point I advocate in this paper is that the WTO Dispute Settlement System aims to curb unilateralism. No sanctions can be imposed, unless if the arbitration process is through, the purpose of which is to ensure that reciprocal commitments entered should not be unilaterally undone...
Persistent link: https://www.econbiz.de/10012999675
Trade in financial services is integrated through Economic Integration Agreements (EIAs), in addition to the multilateral trading system developed under the WTO. Securities' clearing and settlement services have nowadays become more important than ever. The latter have gained enormous strategic...
Persistent link: https://www.econbiz.de/10012906933
In December 2019 the WTO Appellate Body (AB) will cease to operate unless the United States stops blocking new appointments. The US argues the AB has exceeded its mandate and has indicated it wants to ensure that the AB performs the role originally assigned to it in 1995. This paper discusses...
Persistent link: https://www.econbiz.de/10012866069