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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
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
know the motives for policies that are allegedly pursued to protect the environment, but that also give commercial …
Persistent link: https://www.econbiz.de/10005025513
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 … 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/10005645379
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
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