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Although a court, as a judicial organ, usually fulfils its mission by resolving specific disputes brought to it, it occasionally goes beyond this simple dispute-resolving function and more actively engages in building policies which define, and "constitute," the very polity to which the court...
Persistent link: https://www.econbiz.de/10014219313
This article argues that in adjudicating sensitive disputes, such as those concerning human health, the WTO tribunal (Court) acts as a Dworkinian Hercules which provides its own answers on risks and science. In judging which party should win the case, this Hercules assesses parties' arguments...
Persistent link: https://www.econbiz.de/10013116701
Decisions of the WTO tribunal (Court) on sensitive disputes, such as those concerning human health, have often caused resentment from some groups, besides losing parties. Beneath this disapproval against the Court lies an image of a Dworkinian Hercules which capriciously renders its own answers...
Persistent link: https://www.econbiz.de/10014052266
This article argues that in adjudicating sensitive disputes, such as those concerning human health, the WTO tribunal (Court) acts as a Dworkinian Hercules which provides its own answers on risks and science. In judging which party should win the case, this Hercules assesses parties’ arguments...
Persistent link: https://www.econbiz.de/10014191671
Although competition has been an ideological beacon of economic governance ever since the birth of the Union, it has largely been an internal affair. External competition from foreign producers has failed to be factored into antitrust scrutiny. On the contrary, the government, through its trade...
Persistent link: https://www.econbiz.de/10014052271
This note focuses on the “international trade” perspective of this case in terms of both substantive law, concentrating on Article XX (General Exceptions) of the General Agreement of Tariffs and Trade 1994 (GATT 1994) and procedural law found in the Dispute Settlement Understanding (DSU)....
Persistent link: https://www.econbiz.de/10013115364