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This paper is going to explain the substance of the SPS Agreement, which is focused on achieving a balanced relationship between biotechnology and international trade. Various cases decided by the WTO settlement system in this area will also be referenced (Part II). In addition, the paper will...
Persistent link: https://www.econbiz.de/10013093604
This work seeks to analyze European efforts at promoting higher standards of IP protection and enforcement through border measures. In doing so, it traces the evolution of EC Regulation 1383/03 and identifies trends in its systemic enforcement against in-transit generic pharmaceuticals. The...
Persistent link: https://www.econbiz.de/10013070504
This chapter discusses the provisions in the Canada-EU Comprehensive Economic and Trade Agreement (CETA) on the protection of labour and environmental standards and human rights. It first outlines the obligations of the parties to protect labour and environmental standards, human rights and...
Persistent link: https://www.econbiz.de/10012963604
This article argues that the Appellate Body should interpret the WTO agreements narrowly as a self-contained, contractual regime limited to interstitial interpretations. Claims that the trade regime is subject to modifications by controversial customary international legal norms or should be...
Persistent link: https://www.econbiz.de/10012772278
Industrialised countries are often required to make unpopular policy choices in order to efficiently tackle climate change. On the one hand, domestic industries might consider national climate measures as an excessive burden that may damage their competitiveness. On the other hand, the public...
Persistent link: https://www.econbiz.de/10012773460
The WTO Agreements emphasize freer trade, which links with diversity, deregulation, and decentralization. China, on the other hand, emphasizes uniformity and centralization especially regarding the political control and the one-party system of ‘democratic dictatorship'. China's joining the...
Persistent link: https://www.econbiz.de/10012898917
The paper addresses the limits of World Trade Organization (WTO) law in respect of protection of workers, human rights, animal welfare, and the environment. Instead, enterprises through their corporate social responsibilities (CSR) can fill in the legal gaps in providing protection of non-trade...
Persistent link: https://www.econbiz.de/10012857855
The paper argues that focusing only on disputes <I>formally raised</I> 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 overwhelming...</i>
Persistent link: https://www.econbiz.de/10013049353
This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the reason why the parties have chosen to separate their...
Persistent link: https://www.econbiz.de/10013049360
This three-part analysis entails a technical review of the WTO-compatibility of the Draft Hong Kong Code of Marketing and Quality of Formula Milk and Related Products, and Food Products for Infants & Young Children ("Draft HK Code"). It reveals that various Draft HK Code provisions are more...
Persistent link: https://www.econbiz.de/10013056875