Showing 1 - 10 of 71
telecommunications industry. We analyse in particular the role of the WTO agreement in furthering liberalization around the world, and … NAFTA. The WTO agreement comes out of the analysis quite well. It is an important instrument of protecting and safeguarding … Telekommunikation. Speziell fragen wir nach dem Beitrag des WTO-Abkommens zur weltweiten Liberalisierung und nach dem Schutz, den es …
Persistent link: https://www.econbiz.de/10010295489
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
The current WTO jurisdiction on linkages of trade and environment is not free of contradictions and has provided for … heated debate due to some inconsistencies in past WTO rulings. The article argues that the WTO jurisdiction is not only … unclear but also lacks economic reasoning. It aims to structure WTO provisions and WTO case rulings so that their application …
Persistent link: https://www.econbiz.de/10010263545
The Byrd amendment to US anti-dumping law distributes the revenue from anti-dumping duties imposed on foreign firms to the domestic firms that lodged the complaint of dumping. When the government sets its anti-dumping duty to maximise a welfare function that attaches greater weight to the...
Persistent link: https://www.econbiz.de/10010313390
antidumping (AD) laws amongst WTO members. Contrary to the regnant belief that this proliferation is driven mainly by retaliatory … motives, our model shows that adoption and use of AD laws involve a cooperative act amongst WTO members in an infinite horizon … game. The diffusion of AD laws need not result in a Prisonner.s dilemma. Instead we show that the AD agreement of the WTO …
Persistent link: https://www.econbiz.de/10010313404
which has permeated WTO scholarship for the last 10 years. Our main criticism concerns the substance of the entire debate … subsequent issues of WTO enforcement and the interpretation of the wording of the dispute settlement understanding. They thereby … along the lines of the nature of the WTO contract. This results in to three key findings: First, none of the two schools of …
Persistent link: https://www.econbiz.de/10010316752
(WTO) is an incomplete contract among sovereign states. Incomplete contracts contain gaps. Ex post, contractual gaps may … backtracking behavior. This paper examines the somewhat understudied issue of optimal trade policy flexibility design in the WTO … 'liability rule' of escape), or a bilateral renegotiation provision (a 'property rule' of escape). Modeling the WTO as a fully …
Persistent link: https://www.econbiz.de/10010316780
The Doha multilateral round of trade negotiations sponsored by the WTO has been dragging on for over a decade, with no …
Persistent link: https://www.econbiz.de/10010319735
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