The non-violation clause was a major focus of the drafters of GATT in 1947, and its relevance was revisited and reaffirmed with the creation of the WTO in 1995. And according to the terms-of-trade theory of trade agreements, it has an important role to play in facilitating the success of the "...

This paper argues that mutual recognition at the WTO, as a type of liberalism, must be embedded in a process of governance that has two components. First, mutual recognition can only take place to the extent of satisfactory essential harmonization: to the extent that states can legitimately...

As the major players in globalization, firms often operate in states where human rights may not be respected. Without direct intent, firms may be complicit in human rights violations. In 2008, John Ruggie, the UN Special Representative on business and human rights, developed a framework for...

Corruption (the abuse of entrusted authority for illicit gain) is pervasive, hard to measure, and damaging both to economic growth and human rights. Corruption is also intimately associated with trade. However, the international organization governing trade, the WTO, says nothing about...

This paper argues that, while a pro-development interpretation is warranted for the multilateral TRIPS agreement, it should not be applied to recent bilateral treaties known as “TRIPS Plus.” This case is made despite the fact that TRIPS Plus treaties appear on their face to be more...

The interface of trade and climate change mitigation and adaptation is at the heart of contemporary legal developments in energy law. Yet, the challenges of climate change are merely the tip of the iceberg of unresolved and controversial issues relating to the status of energy in international...