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This paper develops a model of the WTO dispute settlement process (DSP) to study the recent proposal by legal scholars to subsidize litigation costs. The high cost of litigation, so the argument, is a major obstacle for developing countries to using the DSP to enforce developed countries?...
Persistent link: https://www.econbiz.de/10010296268
This paper develops a model of the WTO dispute settlement process (DSP) to study the recent proposal by legal scholars to subsidize litigation costs. The high cost of litigation, so the argument, is a major obstacle for developing countries to using the DSP to enforce developed countries'...
Persistent link: https://www.econbiz.de/10010300162
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/10010320040
It has been alleged since its inception that the WTO Dispute Settlement (DS) mechanism is biased against developing countries, as manifested in e.g. allegedly too low rates of dispute initiation. To shed light on this issue, this study analyses the determinants of developing country...
Persistent link: https://www.econbiz.de/10010320177
A significant body of research has sought to examine claims that developing countries are under-represented as complainants, and/or over-represented as respondents in the WTO dispute settlement system. Most of this literature has focused on their propensity to participate, the idea being that...
Persistent link: https://www.econbiz.de/10010320340
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/10010320413
pharmaceuticals; and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) are also discussed. The author proposes certain …
Persistent link: https://www.econbiz.de/10011429843
The use of TRIPS flexibilities by WTO members involves interpretation of the obligations under TRIPS which can be … disputes can thus impact the scope of TRIPS flexibilities to address, among others, public health objectives. This paper … explores how the WTO dispute settlement system applies to disputes under TRIPS, and reviews the outcomes of the disputes …
Persistent link: https://www.econbiz.de/10013330845
addressed the "flexibilities" available under the TRIPS Agreement and the negative impact of FTAs in relation to access to … Physical and Mental Health noted that the TRIPS Agreement and FTAs have had an adverse impact on prices and availability of …
Persistent link: https://www.econbiz.de/10012490848
, Kopien und Piraterie. Im Jahre 1995 wurde mit der Implementierung des TRIPs-Abkommens ein sehr grosser Schritt in Richtung … Eigentum soll nach Auffassung der Befürworter des TRIPs-Abkommens globale Wohlstandsverluste aus Imitationen, Kopien und … Piraterie verhindern. Kritiker bezeichnen das TRIPs-Abkommen hingegen als protektionistisches Instrument der Industrieländer mit …
Persistent link: https://www.econbiz.de/10010296381