This study argues that trade policies regarding financial services are an important - but typically neglected - determinant of capital flows and financial sector stability. Financial services trade liberalisation which promotes the use of a broad spectrum of financial instruments and allows the...

This chapter argues that current international financial law is largely toothless and dangerously underdeveloped. The sea change in international finance since 1990 seems to have bypassed the public international law of finance and international financial lawyers. Despite dazzling growth in...

The panel and the Appellate Body have recently examined one of the national tobacco control measures (US – Measures Affecting the Productions and Sale of Clove Cigarettes). The dispute, which emerged between the United States and Indonesia, concerned the US ban on the use of certain flavouring...

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Convention on the Diversity of Cultural Expressions), adopted on 20 October 2005, has breathed new life into the ‘trade and culture' debate. Witness the fact that several scholars have discussed the...

This paper argues that GSP labour rights conditionality is in conformity with WTO law. This hinges on the critical question of whether the realisation of labour standards can meet a ‘development need,' a term considered by the WTO Appellate Body report in the EC – Tariffs Preferences case,...

It is common to find in the texts of Free Trade Agreements (FTAs) around the globe, provisions incorporated mutatis mutandis from the World Trade Organization (WTO) agreements. The incorporation of a WTO provision under this expression makes it necessary to determine the likely effects of such...

The proliferation of regional trade agreements (“RTAs”) behoves all WTO members to assess the extent to which RTAs depart from fundamental principles in the WTO such as the most-favoured-nation (“MFN”) treatment in the GATT and in particular, the WTO Agreement on Technical Barriers to...

Private-sector standards are the standards developed and adopted by different types of private entities such as industry associations, NGOs, large retailers and commercial companies. Nowadays, these standards are widely applied on a voluntary basis by main market players in developed and some...

This Article probes the previously underexplored failure of the world trading rules to keep abreast with the global marketplace. It argues that the global trading system, despite its well-documented contribution to the spectacular expansion of postwar trade, has never in fact fully moved away...