International legal mechanisms in trade dispute resolution, such as the instruments of the WTO, must now, more than ever, take into consideration a wider range of interests that may very well complicate procedural aspects of the rule of law in trade disputes. Institutions such as these must...

This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the reason why the parties have chosen to separate their...

This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the reason why the parties have chosen to separate their...

This paper discusses allocation of burden of proof in environmental disputes in the WTO system. Besides laying down the natural principles that (i) the complainant carries the burden to (ii) make a prima facie case that its claim holds, WTO adjudicating bodies have said little of more general...

This paper examines the role of the burden of proof (BoP) in National Treatment (NT) disputes under trade agreements. In the situation under study, imports may cause environmental damage, in which case less favorable treatment of imported products may be globally desirable from an international...

This paper discusses allocation of burden of proof in environmental disputes in the WTO system. Besides laying down the natural principles that (i) the complainant carries the burden to (ii) make a prima facie case that its claim holds, WTO adjudicating bodies have said little of more general...

Sustainable energy policy is one of the biggest challenges the world faces today. The necessity of mitigating climate change and shifting to cleaner energy sources points to the need for a far more coherent approach to today's fragmented global energy governance. This approach has to take into...

This paper assesses the scope for and implications of trade measures for environmental purposes in the WTO and the European Union. The assessment is illustrated by a number of cases that have tested the limits of legal provisions in the WTO and EU dealing with issues arising at the intersection...

International trade law scholarship has offered different approaches for assessing how international trade law impacts domestic policy space for developing nations. However, much of this scholarship has failed to address the realities of how domestic policy implementation affects development...

Some regional trade agreements such as the ASEAN-Korea Free Trade Area or the Asia Pacific Trade Agreement require through bills of lading to prove compliance with direct transport requirements (DTRs). Since such clauses do not accord with business practices in transportation, disputes have...