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differ from those articulated under the TRIPS Agreement, particularly in the focus of due process and compensation …
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One of the most important cases in the jurisprudence of international law – Chorzów Factory – has a hidden secret, so much so that, even when in plain sight, legal post-mortems of the case fail to mention this well-kept secret. Chorzów Factory was about intellectual property rights,...
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Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a claim in an international tribunal with mandatory jurisdiction is generally...
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The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) is the first WTO agreement … requiring them to establish enforcement measures and procedures meeting minimum standards. The TRIPS Agreement is sometimes … systems.However, added to the uniquely “positive” aspect of the TRIPS Agreement is a negotiating history that for a long time …
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