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U.S. assertion of political power in the World Trade Organization (WTO)'s appointment process reminds us of the tenuous … balance that exists between state power, adjudication and legitimacy in WTO dispute settlement. Even more fundamentally, it … mechanism will solve the legitimacy crisis (real or perceived) that currently threatens the international investment law regime …
Persistent link: https://www.econbiz.de/10012869935
Its starting point is the global debate on the legitimacy of the treaty-based regime for the promotion and protection … concludes that States, as the creators of the regime, ultimately bear the primary responsibility for its legitimacy …
Persistent link: https://www.econbiz.de/10012988197
awards as well as the legitimacy of the system as a whole. However, establishing an appellate mechanism in the investment …
Persistent link: https://www.econbiz.de/10014160648
, questions of WTO institutional reform have been framed as a matter of improving the WTO’s legitimacy. This Article suggests that … thinking about WTO redesign as a matter of improving its legitimacy limits our ability to fundamentally appreciate what the WTO … have been the social, political, and economic implications of the legitimacy debate thus far. The legitimacy debate appears …
Persistent link: https://www.econbiz.de/10014175153
international intellectual property regime (IIPR) but also calls into question its legitimacy as an interna- tional authority …. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co … the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the …
Persistent link: https://www.econbiz.de/10014344113
Regional trade agreements (RTAs) have become an indelible feature of the international trading landscape. Most, if not all, RTAs contain provisions that establish procedures for resolving disputes among their signatory members. Yet, the design and functioning of these dispute settlement...
Persistent link: https://www.econbiz.de/10009755400
The paper argues that focusing only on disputes formally raised in the WTO Dispute Settlement system underestimates the extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of 'specific trade concerns' 􁈺STCs􁈻 that in the...
Persistent link: https://www.econbiz.de/10009722025
In this essay I seek answers to the following questions: why is it so difficult to resolve international trade disputes caused by domestic health risk regulation against a foreign food; why does the WTO legal system not work very well in solving the disputes; and what might be done to resolve the...
Persistent link: https://www.econbiz.de/10013127746
In 2009, China stood at the center stage of the World Trade Organization (WTO) dispute settlement, accounting alone for …
Persistent link: https://www.econbiz.de/10013130288
At its November 2008 meeting, the Committee on Legal Issues and International Labour Standards of the International Labour Organization's (ILO) Governing Body recommended that the International Labour Office prepare a study on improving the interpretation and implementation of international...
Persistent link: https://www.econbiz.de/10013131300