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Remedies in international law present an intriguing challenge: what happens if a sovereign state refuses to comply with its obligations, even after an international adjudicatory body has ruled in its disfavour? The absence of compulsory enforcement arguably means that international law as a...
Persistent link: https://www.econbiz.de/10013035744
A number of recent studies have shown that using the WTO’s dispute settlement procedure is seldom a straightforward proposition of dispute resolution through an open juridical process (Dunoff 2008, Froese 2010, Nordstrom 1999). A majority of members have never used the DSU, and for those who...
Persistent link: https://www.econbiz.de/10014194948
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
It has been alleged since its inception that the WTO Dispute Settlement (DS) mechanism is biased against developing countries, as manifested in e.g. allegedly too low rates of dispute initiation. To shed light on this issue, this study analyses the determinants of developing country...
Persistent link: https://www.econbiz.de/10014199191
In 1995 the WTO Dispute Settlement System came into operation. Its main purpose is the rapid settlement of disputes between WTO members concerning their rights and obligation. However, the WTO dispute settlement system has a weak enforcement mechanism, and developed countries have an advantage...
Persistent link: https://www.econbiz.de/10014124197
development level of the member(s) involved, using the World Bank annual classification (high income country, upper-middle income …
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