This paper discusses allocation of burden of proof in environmental disputes in the WTO system. Besides laying down the natural principles that (i) the complainant carries the burden to (ii) make a prima facie case that its claim holds, WTO adjudicating bodies have said little of more general...

The authors argue that further moves to liberalize trade and to implement existing GATT rules and principles may have a greater impact on global competition than would the pursuit of harmonization of competition policy. They also suggest that current GATT rules and case law provide scope for...

This paper analyses how the competition authorities in the Czech republic, Poland and Hungary (CPH) have dealt with the interface between trade and competition in their actual practice. The following findings emerge (i) there has not been any significant conflict in the allocation of...

This paper does not seek to evaluate whether decentralisation of the implementation of Art.81 ECT is desirable but simply analyses how the network of enforcers envisaged in the White Paper would operate. We identify two issues. We observe that in the proposed framework, simultaneous enforcement...

A prominent problem with the WTO dispute settlement procedures is the practical difficulty faced by small and developing countries in finding the capacity to effectively retaliate against trading partners that are in violation of their WTO commitments. In light of this problem, Mexico has...

The authors explore the possibility of government's seeking to agree to apply competition policy based considerations and disciplines in addressing unfair-trade allegations before turning to"standard"antidumping remedies. The premise of proponents of antidumping actions is that the existence of...

At the recent World Trade Organization (WTO) ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition based on explicit consensus on modalities to be agreed at the fifth WTO ministerial meeting in 2003. WTO discussions since...

The authors explore options for Central and Eastern Europe (CEE) governments to make competition law enforcement more sensitive to trade and investment policy, thereby supporting liberal trade policy. The competition laws of these countries tend to resemble European Union (EU) competition...