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Persistent link: https://www.econbiz.de/10009507525
On 15 July 2010, the Appellate Body of the WTO circulated its report in EC -- Fasteners. In its report, the Appellate Body, for the first time, adjudicated the issue of non-market economy (NME) treatment towards imports from China and provided plausible interpretations of China's special...
Persistent link: https://www.econbiz.de/10010613089
Up to date, the existing WTO jurisprudence in services has not yet provided sufficient guideline to answer the basic questions as to the applicable GATS rules: when a domestic measure is disputed, should it be examined under Article XVI (market access), or Article XVII (national treatment), or...
Persistent link: https://www.econbiz.de/10013028798
Research in this paper focuses on three basic but imperative questions. The first question concerns in what pattern ISDS panels have been using the WTO acquis. Part I thus offers a recount of the circumstances in the case law where a number of arbitral panels have engaged with the WTO norms and...
Persistent link: https://www.econbiz.de/10014112784
Persistent link: https://www.econbiz.de/10013547055