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Marginal Consumers, Marginalized Economics : Whose Tastes and Habits Should the WTO Panels and Appellate Body Consider When Assessing ‘Likeness’?

Iacovides, Marios - 2020

In Philippines - Distilled Spirits, the Appellate Body of the WTO reaffirmed that the determination of 'likeness' in the GATT should be about the competitive relationship between products. A coherent methodology for the determination of 'likeness' has finally begun to emerge, with the same...

Persistent link: https://www.econbiz.de/10012856498

Unilateral Appointments of Arbitrators : Perverse Incentives in International Arbitration?

Duarte, Herman - 2015

The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...

Persistent link: https://www.econbiz.de/10013036880

Contractual Joint Ventures in International Investment Arbitration

Pentsov, Dmitry A. - 2018

organizational form of large-scale international investment projects all over the World. In view of significant amount of their …

Persistent link: https://www.econbiz.de/10012914640

A Positive Theory of WTO Adjudication

Colares, Juscelino F. - 2013

The positive theory of litigation predicts that under certain conditions plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, reveals a high disparity...

Persistent link: https://www.econbiz.de/10014214789

Principle of Subsidiarity as Principle of Economic Efficiency

Portuese, Aurelien - 2011

The principle of subsidiarity – whereby a power said to be shared between the European Union and its Member States is … widely discussed. The legal valence of the subsidiarity principle has been criticized for emphasizing its political valence …. However, this approach lacks the power to explain both the weight of the principle of subsidiarity in the EU Treaties and the …

Persistent link: https://www.econbiz.de/10014190289

Resource rents, political rights and civil liberties

Breunig, Robert; Wiskich, Anthony; Wokker, Chris - 2020

Persistent link: https://www.econbiz.de/10012225001

Conditional coercion versus rights diagnostics : two approaches to human rights protection

Wisor, Scott - In: Politics, philosophy & economics : ppe 15 (2016) 4, pp. 405-423

Persistent link: https://www.econbiz.de/10011687132

What Right to Vote? Exposing the Non-Existence of a Fundamental Right

Snickars, Eric - 2010

In Bush v. Gore (2000), the U.S. Supreme Court stopped Florida's recount process as a violation of the Equal Protection clause, resulting in a victory for Texas Governor George W. Bush. The Court's legal reasoning did not deter the public's sense that our right to vote - at least in the sense of...

Persistent link: https://www.econbiz.de/10013146134

Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases

de Sadeleer, Nicolas Michel - 2013

So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. Th e article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human...

Persistent link: https://www.econbiz.de/10014155698

Comparing Zipf’s Law Fidelity With A Human Rights Index

Lane, DJ - 2021

Zipf’s law for city populations is a well-known statement regarding the proportions between the most populous cities of a given area, first mentioned by German physicist Felix Auerbach (Auerbach 1913, Zipf 1949, Simon 1955). Many observers, including Paul Krugman, have held Zipf’s law to be...

Persistent link: https://www.econbiz.de/10013247082

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