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Intellectual Property Rights (“IPR”) can be regarded as an incentive for an inventor or an author, granted or recognized by a state. IPR are enforceable erga omnes within the boundaries of the state. Member States of the Paris Convention Union and other relevant conventions are expected to...
Persistent link: https://www.econbiz.de/10013231681
While trade diplomats and scholars have expressed pride at the Uruguay Round achievement of more binding and more "law-oriented" dispute resolution, the same group and a variety of NGO and other commentators question the jurisdictional scope of dispute resolution. After all, should these small...
Persistent link: https://www.econbiz.de/10014202330
The law of the sea is no more than a part of international law. Though there is a special international tribunal in this area for the law of the sea, the maritime dispute settlement still defer to the framework of dispute settlement of international law. This note will take an opportunity to...
Persistent link: https://www.econbiz.de/10014070951
One of the evolving issues that have stimulated a real debate among WTO members is the reform of third party rights. The aim of this study is to analyze the importance of such rights for developing counties, showing how exercising them more widely could give developing counties a real insight...
Persistent link: https://www.econbiz.de/10014182619
Transparency is not to be construed as a waiver of the rights to confidentiality of the parties. The Rule of Law, Court Procedural Rules, accountability and transparent legal processes undoubtedly have been the cornerstones of litigation, and foundation of the Courts, rendering justice to the...
Persistent link: https://www.econbiz.de/10013223617
The literature on pretrial dispute settlement has studied the effect of first-order uncertainty on pre-trial settlement bargaining while assuming away any uncertainty about higher-order beliefs. We propose a settlement bargaining model in which one player receives a private and noisy signal of...
Persistent link: https://www.econbiz.de/10012947213
The paper presents an outline of the issues and a preliminary appraisal of the use of trade sanctions by the World Trade Organization (WTO) as a means of promoting compliance by parties. The WTO is unique among intergovernmental organizations (IGOs) in using trade sanctions to enforce...
Persistent link: https://www.econbiz.de/10014130097
Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved.This statistical survey of a large sample of 1,660 bilateral investment...
Persistent link: https://www.econbiz.de/10013096744
The last two decades have witnessed a growing interest and participation of the Gulf Cooperation Council (GCC) states in international arbitration as they have also joined the New York Convention and the Washington Convention. Still, scepticisms abound as to the efficacy of international...
Persistent link: https://www.econbiz.de/10013051777
This paper examines the (non) role that private business operators play in the implementation of WTO Dispute Settlement Reports. More precisely, by analysing the legal status of these decisions in national and regional law, it looks at what individuals are entitled to obtain when a WTO Member...
Persistent link: https://www.econbiz.de/10014048465