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International law has traditionally evolved to settle legal disputes between States and private parties by providing for economic retaliation and demand for repatriation in case of trade in goods. When it comes to disputes between States diplomatic efforts have attempted to prevent trade...
Persistent link: https://www.econbiz.de/10014356908
On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. Until August 2006, the DSU has since been applied to 348 complaints - more cases than dispute settlement under the GATT 1947 had dealt with in nearly five decades. The...
Persistent link: https://www.econbiz.de/10012776016
The future is drying out. By 2025, up to 40% of the world's population could be suffering of water scarcity, and yet, the role of law in the governance of water resources seems to be mostly spared of critical scrutiny. At the heart of the matter is our conception of water. Traditionally, water...
Persistent link: https://www.econbiz.de/10012723856
The WTO Agreement is said to be unconcerned with trade effects. Instead, WTO member countries incur state responsibility on the basis of their acts alone. This responsibility is reinforced by the irrebuttable presumption contained in DSU Art. 3.8 and longstanding practice, which together...
Persistent link: https://www.econbiz.de/10012723875
We discuss the role of the dispute settlement mechanism (DSM) of the World Trade Organization (WTO) in the context of a complex characterization of globalization. The dispute settlement mechanism (DSM) of the World Trade Organization (WTO) is at present a controversial exercise at the...
Persistent link: https://www.econbiz.de/10012726486
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
This is one of 10 studies for the Copenhagen Consensus Project that sought to evaluate the most feasible opportunities to improve welfare globally and alleviate poverty in developing countries. Anderson argues that phasing out distortionary government subsidies and barriers to international...
Persistent link: https://www.econbiz.de/10012749058
This article engages with the recently adopted agreement for the African Continental Free Trade Area (AfCFTA) in the area of services. While services trade had heretofore stood at the queue of African trade pacts, the AfCFTA breaks new grounds by negotiating goods and services concurrently,...
Persistent link: https://www.econbiz.de/10012846257
Currency devaluation resembles subsidy and dumping in terms of its impact on global trade – it grants price advantages to exporting companies. Unlike subsidy and dumping, however, multilateral regulation of currency manipulation, which is principally exercised by the IMF, is far from...
Persistent link: https://www.econbiz.de/10012847316
This study assesses the compatibility of the EU's proposal on a Digital Service Tax with EU and WTO law.In the author's view, the European Commission's proposal for a DST is compliant with WTO law. The same cannot be said regarding EU law. In fact, the proposal raises several issues concerning...
Persistent link: https://www.econbiz.de/10012829069