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Trade in Environmental Goods : A Review of the WTO Appellate Body's Ruling in US — Countervailing Measures (China)

Brewster, Rachel - 2015

In this paper we claim that, in the WTO Appellate Body (AB)'s ruling in US-Countervailing Measures (China), the AB decision has essentially left unchanged the practice of imposing countervailing duties (CVDs) on environmental goods. While the US has formally “lost” the case, a change in the...

Persistent link: https://www.econbiz.de/10013016483

The ‘Equivalent’ Standard in WTO Arbitrations of Trade Remedy Disputes

Kim, Kyounghwa - 2021

.6) and US – Anti-Dumping Methodologies (Article 22.6). The two cases show that trade remedy disputes make the choice of the …

Persistent link: https://www.econbiz.de/10013234728

The MERCOSUR and WTO Retreaded Tires Dispute : Rehabilitating Regulatory Competition in International Trade and Environmental Regulation

Morosini, Fabio C. - 2008

Brazil is currently immersed in the project of building a new common market, known as MERCOSUR, with its neighbors Argentina, Uruguay and Paraguay. It has largely been assumed that this project will produce economic growth and therefore be beneficial for the environment. However, this assumption...

Persistent link: https://www.econbiz.de/10014216856

Transparency of the Trade Dispute Settlement Process

Fukunaga, Yuka - 2008

The objective of this paper is to assess the claim that the WTO dispute settlement system should improve the transparency of its proceedings to people by opening panel and Appellate Body meetings as well as accepting and reflecting unsolicited amicus curiae briefs. This paper argues that the...

Persistent link: https://www.econbiz.de/10014216960

Constitutional Adjudication in the World Trade Organization

Cho, Sung-joon - 2012

fact assumed such role by having recently struck down a hoary antidumping practice called "zeroing" which tends to inflate … dumping margins and thus is a central vehicle for contingent protection embedded in the antidumping mechanism. The paper … observes that the recent proliferation of antidumping measures as a new protectionist instrument has motivated the AB …

Persistent link: https://www.econbiz.de/10014219313

The Limits of Depoliticisation in Contemporary Investor-State Arbitration

Paparinskis, Martins - 2010

Depoliticisation of investment dispute settlement is considered to be one of the principal reasons and advantages of investor-State arbitrations. This paper considers the added value that the depoliticisation vocabulary brings to the resolution of modern challenges. First of all, equating...

Persistent link: https://www.econbiz.de/10013135618

Equivalent Primary Rules and Differential Secondary Rules : Countermeasures in WTO and Investment Protection Law

Paparinskis, Martins - 2010

The chapter discusses a multi-sourced equivalent norm (MSEN) situation arising out of the parallel breach of an investment treaty and the WTO agreement. On the basis of a number of case studies, it considers how MSENs are affected by secondary rules of state responsibility that prima facie...

Persistent link: https://www.econbiz.de/10013136378

Investment Treaty Arbitration and the (New) Law of State Responsibility

Paparinskis, Martins - 2014

The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of responsibility by a non-state actor has affected secondary rules of state responsibility. This article takes the analytical perspective of investors, capable of being perceived as...

Persistent link: https://www.econbiz.de/10013064265

Dispute Settlement Over Exchange Measures Affecting Trade and Investments : The Overlapping Jurisdictions of the IMF, WTO, and the ICSID

Viterbo, Annamaria - 2014

One of the risks that international economic law is facing is the inability to give consistent answers to actual needs. Coherence, consistency and predictability of international law rules are particularly relevant in a global world and market, where private actors are increasingly gaining...

Persistent link: https://www.econbiz.de/10012708871

Foreign direct investment location and trade dynamics in Viet Nam after the US-PRC trade dispute

Elhan-Kayalar, Yesim; Kucheryavyy, Konstantin; Nose, Manabu - 2024

In developing economies, foreign direct investment (FDI) plays a crucial role by providing resources that facilitate participation in international trade and support economic development. Focusing on Viet Nam as a case study, this research aims to quantify the distributional effects of the...

Persistent link: https://www.econbiz.de/10015166679