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Controversies about the inclusion of the investment-state dispute settlement (ISDS) mechanism have been dominating the debate surrounding the ongoing negotiations of the Transatlantic Trade and Investment Partnership (TTIP) agreement in many EU countries. The level of social anxiety and the...
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and Methanex v. USA - both of which are under-analysed in the secondary literature. The article concludes by identifying …
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The concept of judicial economy is well accepted in World Trade Organization (WTO) litigation, and it stands for the proposition that WTO panels do not need to rule on every single claim made by complaining parties, only on those required to settle the dispute in question. However, little has...
Persistent link: https://www.econbiz.de/10013152521
What shapes jurisprudence in international law? States dedicate considerable effort trying to influence not only the outcome, but also the content, of legal rulings. The stakes are high, as these legal opinions can redefine the meaning of the rules. Looking at the World Trade Organization, we...
Persistent link: https://www.econbiz.de/10012959587
The purpose of the article is two-fold: first, it seeks to clarify and structure those contexts in which the principle of good faith has entered the WTO jurisprudence; and second, it presents an analysis of the potential effects and risks accompanying this entrance, such as the allegation of...
Persistent link: https://www.econbiz.de/10012761040
Nation States cannot survive in isolation. They are under a constant threat of security dilemma and compete to access or gain the sources. Countries are interdependent on one another for economic, social, cultural or institutional purposes. Inter dependency is usually associated with a trend...
Persistent link: https://www.econbiz.de/10012825874
U.S. assertion of political power in the World Trade Organization (WTO)'s appointment process reminds us of the tenuous balance that exists between state power, adjudication and legitimacy in WTO dispute settlement. Even more fundamentally, it prompts questions about whether reformation of...
Persistent link: https://www.econbiz.de/10012869935
The World Trade Organization (WTO) system of ‘prospective' or ‘forward-looking' remedies is often contrasted negatively with the ‘retrospective' remedy of reparation traditionally granted by international courts. In this article, I argue that prospective remedies must be assessed having in...
Persistent link: https://www.econbiz.de/10013011739