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Full-Text Articles in Law

The Responsibility To Protect: A Beaver Without A Dam?, Jeremy I. Levitt Jan 2003

The Responsibility To Protect: A Beaver Without A Dam?, Jeremy I. Levitt

Michigan Journal of International Law

Review of International Commission on Intervention and State Sovereignty, The Responsibility to Protect and The Responsibility to Protect: Research, Bibliography, Background (Supp. Vol. to the Responsibility to Portect by Thomas G. Weiss & Don Hubert


Wto Compassion Or Superiority Complex?: What To Make Of The Wto Waiver For "Conflict Diamonds", Joost Pauwelyn Jan 2003

Wto Compassion Or Superiority Complex?: What To Make Of The Wto Waiver For "Conflict Diamonds", Joost Pauwelyn

Michigan Journal of International Law

In May 2003, the WTO granted a waiver for trade restrictions imposed on WTO members not participating in the Kimberley Certification Scheme combating so-called "conflict diamonds." This Article examines the implications of this waiver decision. It argues that GATT/TBT provisions may already excuse the trade restrictions at issue, especially now that the UN Security Council has explicitly supported them. The waiver, therefore, risks sending out the wrong signals, confirming a WTO "superiority complex." At the same time, by excluding restrictions between Kimberley participants from its scope, the waiver implies that WTO members considered the Kimberley scheme to be a non-WTO …