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In Philippines - Distilled Spirits, the Appellate Body of the WTO reaffirmed that the determination of 'likeness' in the GATT should be about the competitive relationship between products. A coherent methodology for the determination of 'likeness' has finally begun to emerge, with the same...
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This paper critically examines three key recent cases of superior courts concerning restrictions on religious symbols: a prohibition on wearing headscarves in Turkish universities, upheld by the Grand Chamber of the European Court of Human Rights (Sahin v Turkey)(2005); a restriction on a...
Persistent link: https://www.econbiz.de/10014213329
Over the last decade, international economic conflict has increased dramatically. To name only a few examples, the European Union has banned the import of products from deforested land and is poised to impose a duties on carbon-intensive imports; the United States has banned imports from China...
Persistent link: https://www.econbiz.de/10014346771
The Agreement on Technical Barriers to Trade ('TBT Agreement') of the World Trade Organization (WTO) regulates the requirements that WTO Members may impose on product labels and other 'technical regulations'. Requirements that discriminate against or between imported products are particularly...
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Attorneys face mixed messages regarding consumer arbitration: Mixed professional responsibility rules; mixed legal enforcement; mixed messages from commentators and policymakers; mixed evidence regarding efficiency, cost-savings and fairness. It is therefore doubtful that attorneys would face...
Persistent link: https://www.econbiz.de/10014212750
This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil...
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