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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
We propose a model of trade agreements in which contracting is costly, and as a consequence the optimal agreement may be incomplete. Inspite of its simplicity, the model yields rich predictions on the structure of the optimal trade agreement and how this depends on the fundamentals of the...
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 … highlight how these rules and the GATT/WTO jointly determine the scope for unilateral environmental policies for WTO Members. In … the study we examine the relevant multilateral framework dealing with this issue, as well as the relevant GATT and WTO …
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
It has been alleged since its inception that the WTO Dispute Settlement (DS) mechanism is biased against developing …
Persistent link: https://www.econbiz.de/10010320177
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 …
Persistent link: https://www.econbiz.de/10010320296
project aims to analyze the central instrument in the World Trade Organization (WTO) Agreement for the regulation of trade in …. * There is a second leg to the ALI project, in which economists and lawyers jointly analyze the emerging case law from the WTO …
Persistent link: https://www.econbiz.de/10010320299