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Economic theory has made considerable progress in explaining why sovereign countries cooperate in trade. Central to most theories of trade cooperation are issues of self-enforcement: The threat of reprisal by an aggrieved party maintains the initial balance of concessions and prevents...
Persistent link: https://www.econbiz.de/10003544790
(WTO) is an incomplete contract among sovereign states. Incomplete contracts contain gaps. Ex post, contractual gaps may … backtracking behavior. This paper examines the somewhat understudied issue of optimal trade policy flexibility design in the WTO … “liability rule” of escape), or a bilateral renegotiation provision (a “property rule” of escape). Modeling the WTO as a fully …
Persistent link: https://www.econbiz.de/10003874811
which has permeated WTO scholarship for the last 10 years. Our main criticism concerns the substance of the entire debate … subsequent issues of WTO enforcement and the interpretation of the wording of the dispute settlement understanding. They thereby … along the lines of the nature of the WTO contract. This results in to three key findings: First, none of the two schools of …
Persistent link: https://www.econbiz.de/10003874814
The recent surge in competition between state and private firms in global markets calls for a reflection on how to minimise any potentially distortionary effects on international trade and investment created by state enterprises while at the same time restraining any undue protectionist policy...
Persistent link: https://www.econbiz.de/10011403604
success of the World Trade Organization (WTO) is a regulatory approach that includes rules designed, and tested in practice … reform of the rules and institutions governing finance and trade in the global economy, and the role the WTO should play in …
Persistent link: https://www.econbiz.de/10013128513
Depoliticisation of investment dispute settlement is considered to be one of the principal reasons and advantages of investor-State arbitrations. This paper considers the added value that the depoliticisation vocabulary brings to the resolution of modern challenges. First of all, equating...
Persistent link: https://www.econbiz.de/10013135618
investment treaty and the WTO agreement. On the basis of a number of case studies, it considers how MSENs are affected by … international legal order. It focuses, in particular, on the WTO-authorised suspension of TRIPS concessions that may breach … obligations that might also breach WTO rules (using the US-Mexico soft drinks disputes in NAFTA and the WTO as a case study). It …
Persistent link: https://www.econbiz.de/10013136378
The financial crisis of 2008-09 has cast palpable doubt on the relevance of the current legal framework governing trade in services for financial crisis prevention and management. The crisis revealed the limited utility and effectiveness of services trade law in dealing adequately with the...
Persistent link: https://www.econbiz.de/10013138680
At present, Regional Trade Agreements (RTAs) have proliferated extraordinarily in the world trade landscape. Some trade diplomats are coming to recognize the greater significance of regional competition policy and law and are arguing that RTAs are likely to prevent to create anti-competitive...
Persistent link: https://www.econbiz.de/10013125427
Persistent link: https://www.econbiz.de/10013125802