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The purpose of this paper is to report some initial findings based on the WTO Dispute Settlement Data Set (Ver. 2.0) that the authors have compiled for the World Bank. The data set contains approximately 28 000 observations on the workings of the Dispute Settlement (DS) system. It covers all 351...
Persistent link: https://www.econbiz.de/10005419503
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 adjudicating bodies have said little of more general...
Persistent link: https://www.econbiz.de/10005419555
This Blueprint looks in detail at all the provisions of all the PTAs signed by the EC or the US and other WTO members. Henrik Horn, Petros C. Mavroidis and André Sapir find that Europe and the US have adopted different approaches to PTAs; however, both powers may also be seeking to project...
Persistent link: https://www.econbiz.de/10008922876
The Dispute Settlement (DS) system is a central feature of the World Trade Organization (WTO) Agreement. This compulsory and binding two-level mechanism for the adjudication of disputes between WTO Members is the most active among international courts. The functioning of the DS system has...
Persistent link: https://www.econbiz.de/10009386417
It is often alleged that PTAs involving the EC and the US include a significant number of obligations in areas not currently covered by the WTO Agreement, such as investment protection, competition policy, labour standards and environmental protection. The primary purpose of this study is to...
Persistent link: https://www.econbiz.de/10008740392
The purpose of the study is to propose interpretations of the National Treatment (NT) provision included in Art. III GATT, unbound by case-law interpretations of this provision. To make such proposals, we need to understand the role of the provision in the agreement. To this end, we first...
Persistent link: https://www.econbiz.de/10010818505
This major work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and...
Persistent link: https://www.econbiz.de/10011169638
type="main" xml:lang="en" <title type="main">Abstract</title> <p>This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in WTO dispute settlement. It seeks to address this relationship in light of the reason why the parties have chosen to separate their...</p>
Persistent link: https://www.econbiz.de/10011085612
Persistent link: https://www.econbiz.de/10010533953
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