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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...
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This paper examines the role of the burden of proof (BoP) in National Treatment (NT) disputes under trade agreements …. -- National treatment ; burden of proof ; environment ; GATT ; WTO ; trade agreements …
Persistent link: https://www.econbiz.de/10003809130
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/10010206814
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/10010206892
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/10009722025
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A significant body of research has sought to examine claims that developing countries are underrepresented 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/10003757010
the determinants of developing country participation in the DS system, using bilateral industry-level trade data, and a …
Persistent link: https://www.econbiz.de/10014199191