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Intellectual Property Rights To Enhance International Clean Tech Transfers, Anastasia Lewandoski
Intellectual Property Rights To Enhance International Clean Tech Transfers, Anastasia Lewandoski
Sustainable Development Law & Policy
No abstract provided.
Border Adjustment Measures In Proposed U.S. Climate Change Legislation – “A New Chapter In America’S Leadership On Change?”, Stephen Kyo, Bernd G. Janzen, Holly M. Smith
Border Adjustment Measures In Proposed U.S. Climate Change Legislation – “A New Chapter In America’S Leadership On Change?”, Stephen Kyo, Bernd G. Janzen, Holly M. Smith
Sustainable Development Law & Policy
No abstract provided.
Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih
Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih
Richmond Journal of Global Law & Business
No abstract provided.
Burden Of Proof In Environmental Disputes In The Wto: Legal Aspects, Henrik Horn, Petros C. Mavroidis
Burden Of Proof In Environmental Disputes In The Wto: Legal Aspects, Henrik Horn, Petros C. Mavroidis
Faculty Scholarship
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 nature. The paper therefore examines the case law of relevance to environmental policies, to establish the rules concerning burden of proof that are likely to be applied in such disputes. Evaluating this case law, the paper makes two observations,: First, in cases submitted under the GATTWTO, adjudicating bodies have committed errors regarding …