This article examines how the GATT Article XXIV regional trade agreement (RTA) exception can be strengthened to curb the proliferation of RTAs that maintain questionable levels of trade liberalization. The lack of rigorous application of the [...]
|
||||||
|
International investment law has in recent years become a topic of great practical and academic importance, as the thousands of international investment treaties have given rise to hundreds of investor-state arbitrations, and innumerable books and [...] Values such as promoting free trade in services or protecting public morality coexist in a perilous balance nowadays. This peril appears to be exacerbated by the manifold possibilities of supplying services that the digital age brings with it. [...] World Trade Organization panels are regularly required to address specifically economic evidence and arguments when resolving disputes. Economic arguments provide the basic foundations for many disputes, and parties are proving increasingly willing [...] In this article, we trace the jurisprudential history of the applicability of US countervailing duty (CVD) law to non-market economies (NMEs). We describe how, since the USA reversed its long-standing policy of not imposing CVDs on NMEs, concurrent [...] The World Trade Organization’s (WTO) Dispute Settlement Understanding is silent on the consequences for members if they comply with trade obligations, but later uncomply, resulting in similar violations as those giving rise to the original dispute. [...] The mandatory/discretionary distinction that has been applied to ‘as such’ challenges in WTO disputes is the subject of a good deal of disagreement, both as to its scope and its continued applicability. In this piece, I put forward a [...] |
||||||
|
|
||||||