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NAFTA's separate regional dispute settlement system will interface with the new World Trade Organization (WTO) multilateral …
Persistent link: https://www.econbiz.de/10014174570
design and functioning of these dispute settlement mechanisms (DSMs) and, more specifically, how they differ from the WTO … of jurisdictional conflict between DSMs of RTAs and the WTO dispute settlement system. Literature mapping out and … WTO and were in force at the end of 2012, and consider a typology of these DSMs based on their nature and design. We also …
Persistent link: https://www.econbiz.de/10009755400
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of responsibility by a non-state actor has affected secondary rules of state responsibility. This article takes the analytical perspective of investors, capable of being perceived as...
Persistent link: https://www.econbiz.de/10013064265
Depoliticisation of investment dispute settlement is considered to be one of the principal reasons and advantages of investor-State arbitrations. This paper considers the added value that the depoliticisation vocabulary brings to the resolution of modern challenges. First of all, equating...
Persistent link: https://www.econbiz.de/10013135618
investment treaty and the WTO agreement. On the basis of a number of case studies, it considers how MSENs are affected by … international legal order. It focuses, in particular, on the WTO-authorised suspension of TRIPS concessions that may breach … obligations that might also breach WTO rules (using the US-Mexico soft drinks disputes in NAFTA and the WTO as a case study). It …
Persistent link: https://www.econbiz.de/10013136378
The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and rules of this institution of private-transnational dispute settlement? To define political dimensions and develop the basis of a political explanation of investment arbitration,...
Persistent link: https://www.econbiz.de/10013028423
dispute settlement mechanisms in regional trade agreements even as the WTO's system has become the primary forum for the … arbitration of state-to-state disputes. I argue that while the WTO remains the primary insurance against the breakdown of trading …
Persistent link: https://www.econbiz.de/10013033878
Persistent link: https://www.econbiz.de/10013036830
design and functioning of these dispute settlement mechanisms (DSMs) and, more specifically, how they differ from the WTO … of jurisdictional conflict between DSMs of RTAs and the WTO dispute settlement system. Literature mapping out and … WTO and were in force at the end of 2012, and consider a typology of these DSMs based on their nature and design. We also …
Persistent link: https://www.econbiz.de/10012882796
design and functioning of these dispute settlement mechanisms (DSMs) and, more specifically, how they differ from the WTO … of jurisdictional conflict between DSMs of RTAs and the WTO dispute settlement system. Literature mapping out and … WTO and were in force at the end of 2012, and consider a typology of these DSMs based on their nature and design. We also …
Persistent link: https://www.econbiz.de/10013080179