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The dispute settlement system of the World Trade Organization prides itself on its high degree of judicial independence and the impartiality of its adjudicators. Yet compared to other international tribunals, WTO members exert considerable political control over WTO adjudicators. Contestation...
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This chapter reviews and synthesizes the work of economists and law and economics scholars in the field of public international law. The bulk of that work has been in the area of international trade, but many of the ideas in the trade literature have implications for other subfields. Recent...
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Dumping is defined, basically, as the sale of goods to an export market at a price below that charged for comparable goods in the exporter's home market. The General Agreement on Tariffs and Trade (GATT) does not forbid such action, not even when injurious to the competing domestic industry....
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The cause of compliance with international law is a domestic political decision to engage in the behavior that constitutes compliance. This article explains the importance of the interdependence between domestic politics and foreign politics in determining compliance. International legal...
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This paper addresses the complexity of legal issues arising as a result of the deployment of international investment agreements (IIAs), as substantive regulatory and enforcement devices, for the protection of intellectual property rights. Its overriding analytical framework, proposes that...
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The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...
Persistent link: https://www.econbiz.de/10012845978
Trade scholars are preoccupied with the debate over constitutionalism at the WTO. Much of this literature presupposes that the trade regime is properly understood as a constitutional entity. However, neither WTO texts nor practice supports this understanding. The striking disjunction between...
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