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This paper studies the under-explored yet critical role of WTO's regular bodies, particularly focusing on the discussions of "trade concerns" within the Goods Council, its subsidiary bodies, as well as the General Council. These discussions are pivotal for the governance of international trade...
Persistent link: https://www.econbiz.de/10014541652
The article focuses on the role of the NGOs in the dispute settlement process of the WTO. It argues that NGOs participation is underpinned by the emerging norm of participatory democracy. Given the growing expectations about WTO's accountability, transparency and democratic legitimacy, the NGOs...
Persistent link: https://www.econbiz.de/10013063217
Preventing trade wars is a key function of the WTO rule-based system. But as the United States and China waged the largest trade war in history, the WTO sat on the sidelines, unable to do anything to stop the fight. Why has the system failed so spectacularly? In a search for answers, this...
Persistent link: https://www.econbiz.de/10012828035
In this essay I seek answers to the following questions: why is it so difficult to resolve international trade disputes caused by domestic health risk regulation against a foreign food; why does the WTO legal system not work very well in solving the disputes; and what might be done to resolve the...
Persistent link: https://www.econbiz.de/10013127746
In 2009, China stood at the center stage of the World Trade Organization (WTO) dispute settlement, accounting alone for …
Persistent link: https://www.econbiz.de/10013130288
reference to the World Bank's practice …
Persistent link: https://www.econbiz.de/10013100850
/Turtle and Methanex disputes (concerning environmental protection and public health) brought under the World Trade Organization …
Persistent link: https://www.econbiz.de/10013069442
This chapter submits that science has become, in the context of the WTO, an important element (or even a point of reference) in the assessment of domestic health and environmental measures with respect to their compatibility with WTO obligations. Under current practice, WTO panels and the...
Persistent link: https://www.econbiz.de/10012927411
rules. Looking at the World Trade Organization, we ask whether some countries hold more influence over jurisprudence than …
Persistent link: https://www.econbiz.de/10012959587
This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...
Persistent link: https://www.econbiz.de/10012940775