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WTO Disputes Settlement – An Evolving Jurisprudence

Triggs, Gillian - 2011

An examination of some of the recent decisions of the panels and Appellate Body demonstrates the continuing evolution of WTO trade rules through traditional processes of treaty interpretation, reference to earlier jurisprudence and judicial reasoning. The quasi-judicial development of the law in...

Persistent link: https://www.econbiz.de/10014176216

Pacific Settlement of Disputes : Application of the Dispute Resolution Mechanisms of International Law to Environmental Disputes

Chiangi, Michael Aondona - 2020

The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...

Persistent link: https://www.econbiz.de/10012845978

The Concept of Legal Title and Territorial Disputes in International Law

Distefano, Giovanni - 2011

The concept of legal title: its uses and applications in territorial disputes are of paramount importance for the jurisprudence in international law and its analysis implies a challenge which has to be taken. The discerning inquiry devoided of conceptual apriorisms (notably the sclerotic and...

Persistent link: https://www.econbiz.de/10014190464

Are BITs Representing the 'New' Customary International Law in International Investment Law?

Dumberry, Patrick - 2013

The question of the existence of legal protection for foreign investors under customary international law (or “custom”) has always been controversial. As a result of this perceived lack of established customary principles, States concluded thousands of bilateral investment treaties in the...

Persistent link: https://www.econbiz.de/10013094379

Are WTO rulings biased? : the role of institutional design in protecting judicial autonomy

Pauwelyn, Joost; Pelc, Krzysztof J. - 2023

The dispute settlement system of the World Trade Organization prides itself on its high degree of judicial independence …

Persistent link: https://www.econbiz.de/10014317087

Mapping the Territory : Contextual Jurisprudence, Legal Pluralism and WTO Law and Development, A Response to William Twining's Internal Critique Thesis from the Point of Transnational Jurisprudence

Panezi, Maria - 2018

In this article, I respond to Twining's lecture, ‘Globalisation and Legal Scholarship'. Through an overview of the effect these changes had on the WTO I will describe how a lawyer or scholar of an ‘established transnational field' experienced the phenomenon of globalisation. In the WTO, the...

Persistent link: https://www.econbiz.de/10012928917

The United States-EC Dispute Over Customs Matters : Trade Facilitation, Customs Unions, and the Meaning of WTO Obligations

Erskine, Daniel H. - 2009

The article addresses a current WTO dispute between the United States and the European Communities on selected customs matters. The article discusses the necessity for a uniform WTO agreement on trade facilitation, as well as analyzes the apparent inconsistency between the General Agreement on...

Persistent link: https://www.econbiz.de/10014050504

Resolving Trade Disputes : The Mechanisms of GATT/WTO Dispute Resolution

Erskine, Daniel H. - 2009

The World Trade Organization's Dispute Settlement Body grew out of decades of experience and the frustrations of … article discusses the historical development of the World Trade Organization's dispute resolution system. The first section … section addresses the instrument which inaugurates the World Trade Organization's current dispute settlement procedure and …

Persistent link: https://www.econbiz.de/10014050506

The Economics of Permissible WTO Retaliation

Bown, Chad P.; Ruta, Michele - 2010

WTO arbitrators rely on economics to establish the permissible retaliation limits authorized by the Dispute Settlement Understanding (DSU) which arguably serves to enforce the overall agreement. We examine how theoretical and quantitative economic analysis has and can be used in this stage of...

Persistent link: https://www.econbiz.de/10014214122

The EC Bed Linen Dispute : India Challenges the EC's Implementation of the WTO Antidumping Agreement

Lacey, Simon - 2014

The bed linen dispute provided a welcome and long overdue opportunity to throw some light on, and perhaps reign in some of the more blatant and excessive abuses of the European Commission's anti-dumping practices, which over the years, have come under repeated attack by a broad range of legal...

Persistent link: https://www.econbiz.de/10014218007