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Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
Persistent link: https://www.econbiz.de/10013081363
An examination of some of the recent decisions of the panels and Appellate Body demonstrates the continuing evolution of WTO trade rules through traditional processes of treaty interpretation, reference to earlier jurisprudence and judicial reasoning. The quasi-judicial development of the law in...
Persistent link: https://www.econbiz.de/10014176216
This chapter will analyze arguments that the World Trade Organization (WTO) suffers from a 'democratic deficit', which …
Persistent link: https://www.econbiz.de/10014179369
The Doha Round WTO negotiation on agricultural trade has been difficult from the beginning. The author expresses the view that the current state of the negotiations as reflected in the draft modalities agreement is completely unsatisfactory. The draft agreement would achieve very modest...
Persistent link: https://www.econbiz.de/10014204224
After years of debate, the issues of whether and where (i.e. under which legal element) regulatory purposes should be considered under Article III:2 and Article III:4 of the GATT – the most invoked provisions of the National Treatment rule – remain unsolved. This article submits that the...
Persistent link: https://www.econbiz.de/10014170017
This paper examines liberalization of the basic telecommunications sector in a number of Asian countries and the role of the General Agreement on Trade in Services (GATS) in this process. It begins by explaining the working of the GATS as a mechanism for multilateral liberalization efforts. It...
Persistent link: https://www.econbiz.de/10010229100
This paper examines liberalization of the basic telecommunications sector in a number of Asian countries and the role of the General Agreement on Trade in Services (GATS) in this process. It begins by explaining the working of the GATS as a mechanism for multilateral liberalization efforts. It...
Persistent link: https://www.econbiz.de/10012884302
Rules on digital trade are rapidly taking shape as countries in Asia-Pacific and beyond strive to secure the benefits … growing. Asia-Pacific economies are unevenly engaged in cooperation in digital trade rulemaking - East and South-East Asia … economies have welcomed DTPs in their agreements and are taking the lead in developing DEAs, while Central Asia and South Asia …
Persistent link: https://www.econbiz.de/10014451848
Among international organizations, the World Trade Organization (WTO) is widely credited with having the most effective …
Persistent link: https://www.econbiz.de/10013104598
The World Trade Organization (WTO) is the leading global regulating authority with regard to international trade in …
Persistent link: https://www.econbiz.de/10012942988