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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...
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Injunctions are a useful and commonly invoked remedy in planning and environmental cases. This article summarizes the different types of injunctions, the situations in which injunctions may be granted, and the jurisdiction of courts and tribunals to grant injunctions in these situations. The...
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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...
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Litigation which Abram Chayes labeled “public law litigation” grew especially quickly in the decade immediately before Chayes wrote his landmark article. This growth was due, in no small part, to the 1966 amendments to the Federal Rules of Civil Procedure. These amendments introduced a more...
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