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Trade Topics

Year

Research

Does international economic 5 law impose a duty to negotiate?

24 April 2018

In two early WTO cases, the Appellate Body found a failure to engage in negotiations to be arbitrary or unjustifiable discrimination under the GATT Article XX chapeau. Subsequent jurisprudence has not applied a negotiation requirement. Instead, it analyze ...

Treaty Structure and Public Interest Regulation in International Economic Law

24 April 2018

This article analyzes how treaty structure affects regulatory autonomy by shifting the point in a treaty in which tribunals address public interest regulation. The article also analyzes how trade and investment treaties use a variety of structures that in ...

India's participation in WTO Dispute Settlement

23 April 2018

World Trade Organisation Dispute Settlement Understanding (WTO DSU) is a two-tier mechanism. The first tier is international adjudication and the second tier is domestic handling of trade disputes. Both tiers are interdependent and interconnected. A case ...

Handling WTO Disputes with the Private Sector: The Triumphant Brazilian Experience

23 April 2018

Multiple scholarly works have argued that developing country Members of World Trade Organization (WTO) should enhance their dispute settlement capacity to successfully and cost effectively navigate the system of WTO Dispute Settlement Understanding (DSU). ...

Public Private Partnership for WTO Dispute Settlement, Enabling Developing Countries

23 April 2018

World Trade Organisation Dispute Settlement Understanding (WTO DSU) is a two-tier mechanism. The first tier is international adjudication and the second tier is domestic handling of trade disputes. Both tiers are interdependent and interconnected. A case ...

On the Feasibility of Using the WTO Dispute Settlement Mechanism as the Trade Dispute Settlement Mechanism for the "Belt and Road" Initiative

22 April 2018

As soon as the Belt and Road initiative was proposed, it attracted great attention at home and abroad. The dispute settlement mechanism for the Belt and Road initiative has also become a widely discussed subject. Many experts and scholars advocate the est ...

Patent-based Disputes in the US Import Trade with China: With Special References to the Parallel Development of MIC 2025 & AMP 2

22 April 2018

The current scale of the import trade of the US with China is significant and has the potential to be more in near future. However, patent-based disputes, especially in terms of Section 337 investigation, have also been increased in recent years. In the c ...

International Economic Law Update in Latin America 2016

16 April 2018

To provide a snapshot of 2016 international economic law activity in Latin America, we selected the top ten countries in this field. The criteria used for this selection were size of the economy (GDP), merchandise trade volume, participation as parties in ...

Research published online

12 April 2018

A complete collection of research papers is available at http://cdei.itam.mx/es/node/20316/. Author(s): Various. Yes Mexico ...

Service Trade Liberalization in Oman: International Commitments and Trade Performance

9 April 2018

The service sector constitutes an important and a growing sector of the global economy as well as in the Arab region. In Oman, the service sector accounts for the highest share in the sectoral composition of the GDP and constitutes a crucial component of ...

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