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A significant body of research has sought to examine claims that developing countries are under-represented as complainants, and/or over-represented as respondents in the WTO dispute settlement system. Most of this literature has focused on their propensity to participate, the idea being that...
Persistent link: https://www.econbiz.de/10005645308
This paper surveys the law and economics literature on WTO dispute settlement. As a background, we first briefly lay out main features of the legal framework, and discuss possible roles of a dispute settlement mechanism. We then discuss the two main themes in the empirical literature on dispute...
Persistent link: https://www.econbiz.de/10005645333
It has been alleged since its inception that the WTO Dispute Settlement (DS) mechanism is biased against developing countries, as manifested in e.g. allegedly too low rates of dispute initiation. To shed light on this issue, this study analyses the determinants of developing country...
Persistent link: https://www.econbiz.de/10005645431
We analyze whether financial compensation is preferable to the current system of dispute settlement in the World Trade Organization that permits member countries to impose retaliatory tariffs in response to trade violations committed by other members. We show that monetary fines are more...
Persistent link: https://www.econbiz.de/10005656251
This paper constitutes an attempt to reframe and eventually deflate the ongoing “compliance-vs.-rebalancing” debate which has permeated WTO scholarship for the last 10 years. At face value, this controversy circles around object and purpose of WTO enforcement and the legal nature of dispute...
Persistent link: https://www.econbiz.de/10005700748
Transboundary water treaties are evaluated and compared using Multiple Criteria Decision Analysis (MCDA) in order to identify the most desirable treaty and suggest how existing treaties can be improved. More specifically, a flexible MCDA technique, called the Elimination Method, is employed for...
Persistent link: https://www.econbiz.de/10010794742
ILO pub. Article commenting on the Constitutional Law, labour legislation and jurisprudence relating to the judicial protection of workers' rights in the USSR - discusses labour dispute types, the dispute settlement procedure, role of labour courts, trade unions and labour disputes boards, etc....
Persistent link: https://www.econbiz.de/10010690108
ILO pub. Article commenting on 1971 labour legislation concerning unfair dismissal in the UK - discusses the coverage, dispute settlement mechanism, outcome of grievances, management attitudes, trade union attitudes and employees attitudes, shortcomings of the labour court system and the need...
Persistent link: https://www.econbiz.de/10010690117
Trends of trade disputes show that the developed countries are more active in the dispute settlement process of the World Trade Organization (WTO) than the developing countries. Our analyses show that financial strength is an important factor for countries to participate in the dispute...
Persistent link: https://www.econbiz.de/10010627377
This paper discusses the Fedon case law of the European Court of Justice (ECJ), which involved a claim for compensation by Fedon (an Italian producer of eye glass cases) from the EU for the imposition of WTO-authorized retaliatory trade barriers by the United States following the failure by the...
Persistent link: https://www.econbiz.de/10010705938