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The Appellate Body’s extensive rejection of the panel’s findings in U.S. - Continued Suspension appears to be an ostensible effort to broaden a regulating member’s policy space as to risk factors and scientific evidence. The Appellate Body condemned the panel’s alleged oversubscription...
Persistent link: https://www.econbiz.de/10014187345
This article responds to Christopher Brummer who views regional trade agreements (RTAs) as incomplete “club goods” in that members of RTAs share benefits of liberalization/integration exclusively among members (excludability) and one member’s utilization of the benefits do not usually...
Persistent link: https://www.econbiz.de/10014203770
This Article observes that the recent jurisprudence between international trade and investment law is converging in a way which the free market value and public interests are duly reconciled. The Article contends that such jurisprudential convergence is structurally preordained yet historically...
Persistent link: https://www.econbiz.de/10014139243
Persistent link: https://www.econbiz.de/10010192020
This Article identifies a nascent phenomenon of "global constitutional lawmaking" in recent World Trade Organization ("WTO") jurisprudence that struck down a certain calculative methodology ("zeroing") in the anti-dumping area. This Article interprets the Appellate Body's uncharacteristic...
Persistent link: https://www.econbiz.de/10014191661