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The larger trading nations have been the main users of the WTO Dispute Settlement system during its first four years of existence (1995-1998). This has prompted a debate about whether the DS system is biased against smaller and poorer countries, for example, because of a lack of legal capacities...
Persistent link: https://www.econbiz.de/10005788915
A sizeable literature analyzes the appropriate interpretation of FRAND commitments for standard-essential patents. With few exceptions, the literature disregards international dimensions, despite the fact that most standards are used in international markets. This paper uses a simple economic...
Persistent link: https://www.econbiz.de/10012615382
Standards often require the use of patented technologies. Holders of standard-essential patents (SEPs) typically commit to make their patents available on "fair, reasonable and non-discriminatory" (FRAND) terms. National competition authorities increasingly intervene against perceived FRAND...
Persistent link: https://www.econbiz.de/10012844600
Standards often require the use of patented technologies. Holders of standard-essential patents (SEPs) typically commit to make their patents available on "fair, reasonable and non-discriminatory" (FRAND) terms. National competition authorities increasingly intervene against perceived FRAND...
Persistent link: https://www.econbiz.de/10012161498
A sizeable literature analyzes the appropriate interpretation of FRAND commitments for standard-essential patents. With few exceptions, the literature disregards international dimensions, despitethe fact that most standards are used in international markets. This paper uses a simple...
Persistent link: https://www.econbiz.de/10013296624
Almost all WTO dispute panels exceed their statutory time limits. This is often seen to indicate a more general problem for panels to manage their tasks. The time required varies considerably across panels however, suggesting that they do not face the same problems. To shed light on these...
Persistent link: https://www.econbiz.de/10010335632
This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the reason why the parties have chosen to separate their...
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 out main features of the legal framework, and discuss possible roles of a dispute settlement mechanism. We then discuss the two main themes in the empirical literature on dispute...
Persistent link: https://www.econbiz.de/10010320036
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
The paper argues that focusing only on disputes formally raised in the WTO Dispute Settlement system underestimates the extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of 'specific trade concerns' (STCs) that in the overwhelming...
Persistent link: https://www.econbiz.de/10010320325