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The purpose of this paper is to report some initial findings based on the WTO Dispute Settlement Data Set (Ver. 2.0) that the authors have compiled for the World Bank. The data set contains approximately 28 000 observations on the workings of the Dispute Settlement (DS) system. It covers all 351...
Persistent link: https://www.econbiz.de/10005419503
This paper discusses allocation of burden of proof in environmental disputes in the WTO system. Besides laying down the natural principles that (i) the complainant carries the burden to (ii) make a prima facie case that its claim holds, WTO adjudicating bodies have said little of more general...
Persistent link: https://www.econbiz.de/10005419555
The Dispute Settlement (DS) system is a central feature of the World Trade Organization (WTO) Agreement. This …
Persistent link: https://www.econbiz.de/10009386417
Almost all WTO dispute panels exceed their statutory time limits. This is often seen to indicate a more general problem for panels to manage their tasks. The time required varies considerably across panels however, suggesting that they do not face the same problems. To shed light on these...
Persistent link: https://www.econbiz.de/10010818371
extent of trade conflict resolution within the WTO. Both the SPS and TBT Committees address a significant number of ‘specific … trade concerns’ (STCs) that in the overwhelming majority of cases do not become formal disputes. The STCs address … appears as if Committee work on STCs significantly helps defuse potential trade frictions concerning national policies in the …
Persistent link: https://www.econbiz.de/10010818374
This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the reason why the parties have chosen to separate their...
Persistent link: https://www.econbiz.de/10010818378
role of NT in the General Agreement on Tariffs and Trade (GATT) from the perspective of economic theory. Having established …, here we focus on the understanding of the key terms implementing the purpose of NT by GATT and World Trade Organization …
Persistent link: https://www.econbiz.de/10010818505
This study is part of The American Law Institute (ALI) project Legal and Economic Principles of World Trade Law. The … project aims to analyze the central instrument in the World Trade Organization (WTO) Agreement for the regulation of trade in … goods – The General Agreement on Tariffs and Trade GATT). The present study is one of two background studies for this …
Persistent link: https://www.econbiz.de/10010818522
We propose a model of trade agreements in which contracting is costly, and as a consequence the optimal agreement may … be incomplete. Inspite of its simplicity, the model yields rich predictions on the structure of the optimal trade … explicitly into account can help explain a number of key features of real trade agreements. …
Persistent link: https://www.econbiz.de/10005771085
A significant body of research has sought to examine claims that developing countries are under-represented as complainants, and/or over-represented as respondents in the WTO dispute settlement system. Most of this literature has focused on their propensity to participate, the idea being that...
Persistent link: https://www.econbiz.de/10005645308