Showing 1 - 10 of 12
Discusses Canada's failure to include its provincial governments in its commitments to the WTO Agreement on Government Procurement. Canada is one of the only developed states that has not opened government contracts to international competition. This may be linked to a strong sense of...
Persistent link: https://www.econbiz.de/10014197946
This article applies social entropy theory to the field of international trade law, suggesting that the observed degradation of the world trading system towards disorder is the consequence of insufficient 'energy' inputs in the form of effective, centralized legal and focused institutional...
Persistent link: https://www.econbiz.de/10014164065
This article considers the application of the general exceptions of the WTO GATT and GATS to investment arbitration under international investment treaties. It suggests that the designated categories and balancing contemplated by the WTO exceptions, along with its sophisticated and established...
Persistent link: https://www.econbiz.de/10013006001
This article examines Canada's commitments under the procurement chapter of the Comprehensive Economic and Trade Agreement (CETA) currently awaiting ratification by Canada and the European Union (EU). While the CETA's procurement rules are substantively and procedurally similar to those of the...
Persistent link: https://www.econbiz.de/10013027648
This article explores the recent changes to Canada's sub-central government procurement commitments under the World Trade Organization (‘WTO') Agreement on Government Procurement (‘GPA'). As a result of bilateral negotiations between Canada and the US, Canada has finally committed all ten of...
Persistent link: https://www.econbiz.de/10013141873
Article XXb of the General Agreement on Tariffs and Trade (GATT) and the Sanitary and Phytosanitary (SPS) Agreement prohibit health safety measures which are unreasonable restrictions on trade, which WTO case law has shown to mean not based upon sound scientific principles or international...
Persistent link: https://www.econbiz.de/10013147839
This paper examines the compliance of preferential trade agreements in favour of developing countries including the Generalized System of Preferences (GSP) scheme and the European Union's Economic Partnership Agreements (EPA)s with the law of the World Trade Organization (WTO). As a consequence...
Persistent link: https://www.econbiz.de/10013074525
This article applies the behavioral economics theory of Omission Bias to the Agreement on Subsidies and Countervailing Measures (ASCM) of the World Trade Organization (WTO), assessing whether WTO and Appellate Body's assessment of “foregone revenue” as illegal subsidies indicate a bias...
Persistent link: https://www.econbiz.de/10012956860
This article argues from a commercial standpoint that the United Kingdom should include Investor-State Dispute Settlement (ISDS) in the new International Investment Agreements (IIAs) which it concludes following its departure from the European Union. Focusing on the procedure of ISDS rather than...
Persistent link: https://www.econbiz.de/10012962204
This paper discusses how Canadian regulations prohibition banks from levying charges for the use of automated withdrawal machines may operate as a market access barrier to foreign banks, which could violate the WTO General Agreement on Trade in Services. This paper suggests that such charges are...
Persistent link: https://www.econbiz.de/10013008966