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The proliferation of preferential trade agreements (PTAs) has resulted in a heterogeneous regime of trade rules applicable among WTO Members. The interplay between PTA and WTO rules has several implications, including risks of legal tensions and incoherence between both regimes, as well as...
Persistent link: https://www.econbiz.de/10012964730
One innovation submitted for the review of the Dispute Settlement Understanding (DSU) has been to extend the interim review to the appeal procedure before the Appellate Body. The proposal seeks to enhance Members control over the outcome of the dispute settlement proceeding. In contrast,...
Persistent link: https://www.econbiz.de/10013152518
In the past, the European Court of Justice has strongly favoured not intervening in any way in the international process of dispute resolution and has denied the direct effect of WTO law at the expense of judicial enforcement of WTO rules. This article discusses the Court's recent extension of...
Persistent link: https://www.econbiz.de/10013039649
There is an increasing risk of overlapping jurisdictions and conflicting decisions due to the growth of preferential trade agreements (PTA) containing dispute settlement mechanisms. This study examines legal techniques to be used for dealing with conflicts of jurisdictions and other ways of...
Persistent link: https://www.econbiz.de/10013039652
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Confidentiality issues concerning sensitive information have been a frequent issue in dispute settlement proceedings of the World Trade Organization (WTO) and in other international forums of arbitration and dispute settlement. However, the rules of the WTO are silent on both what kind of...
Persistent link: https://www.econbiz.de/10014139728