With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future...

The election of Donald J. Trump to the US Presidency coincided with the US adoption of an “America First” policy in trade. This policy reflects an underlying theory of economic nationalism that is fundamentally at odds with the current approach of the multilateral trading system established...

On September 9, 2008, the European Court of Justice dismissed the appeals by two Italian companies – FIAMM Spa and Giorgio Fedon & Figli Spa – seeking compensation for damages suffered as a consequence of the US increased custom duties authorised by the WTO Dispute Settlement Body (DSB) in...

Intellectual Property Rights (“IPR”) can be regarded as an incentive for an inventor or an author, granted or recognized by a state. IPR are enforceable erga omnes within the boundaries of the state. Member States of the Paris Convention Union and other relevant conventions are expected to...

In a world with increasing competition for capital, countries seek to develop different mechanisms to attract Foreign Direct Investment (FDI). One of the Middle Eastern countries, Jordan is an example of a country that since the mid 1990s has sought to attract FDI. This movement results from the...

This article traces the origin and history of the use of ‘sealed offers’ as part of the ongoing negotiations between the parties engaged in litigation, with an objective to identify common principles which may be adopted in conducting international arbitrations. In common law jurisdictions,...

On 10 April, 2007, the United States requested consultations with China through DSB of WTO concerning certain measures pertaining to the protection and enforcement of intellectual property rights in China. The focus of this thesis is on the first argument of USTR about the thresholds for...

This study considers intellectual property rules contained in the WTO TRIPS Agreement as they might affect climate change regulatory efforts. The TRIPS Agreement rules that are most directly applicable in this context are patents; confidential information, and enforcement of IP rights before...

This chapter examines the ways in which the European Union (EU) has reacted to panel and Appellate Body Reports of the World Trade Organization (WTO). The rejection of direct effect of WTO law and jurisprudence by the Court of Justice of the European Union (ECJ) left to the EU's political organs...