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Full-Text Articles in Law
Transparency In Global Merger Review: A Limited Role For The Wto?, Keith R. Fisher
Transparency In Global Merger Review: A Limited Role For The Wto?, Keith R. Fisher
ExpressO
This article identifies certain problems faced by parties to transnational merger transactions in view of the global proliferation in recent years of competition (and, specifically, merger review) laws. After considering the pros and cons of merger remedies (both structural and behavioral) that may be offered to mitigate potentially anticompetitive effects and illustrating (through a case study of the GE/Honeywell transaction) the pitfalls of divergent market definition even as between two legal regimes employing substantially similar standards, the article reviews and critiques proposals for establishing a supranational competition authority under the aegis of the World Trade Organization. While rejecting the WTO …
Towards A Development-Oriented Multilateral Framework On Competition Policy, Jae Sung Lee
Towards A Development-Oriented Multilateral Framework On Competition Policy, Jae Sung Lee
ExpressO
No abstract provided.
The Wto Constitution: Tertiary Rules For Intertwined Elephants, Joel P. Trachtman
The Wto Constitution: Tertiary Rules For Intertwined Elephants, Joel P. Trachtman
ExpressO
Constitutions have many dimensions. These dimensions include at least the following:
• an economic constitution in the sense of a set of rules for exchange of value and authority,
• an interfunctional constitution that allows for the integration of various social values,
• a political constitution that reflects the cultural and democratic integrity of a group of people,
• a legal and judicial constitution that provides rules for the making of other rules, and for determining supremacy and the scope of judicial application of rules,
• a human rights constitution that limits the sphere of governmental authority, and
• a …
Ubi Remedium, Ibi Ius At The Wto, Joel P. Trachtman
Ubi Remedium, Ibi Ius At The Wto, Joel P. Trachtman
ExpressO
The WTO law of remedies for violation appears incoherent. States that fail to comply with their obligations are subject to WTO-authorized retaliation. First, this retaliation takes the inefficient form of blocked trade by the complaining state. This remedy is unlikely to be useful to developing countries. Second, the amount of trade blocked by the violation is often used as the measure of authorized retaliation. This measure is not necessarily incentive compatible, as it is not necessarily linked to welfare. Thus, its use may result in inefficient breach, or inefficient compliance, with WTO law. Third, only states that engage in dispute …
An Analysis Of The Duties And Obligations Of The International Legal Community To The Eradication Of Poverty And Growth Of Sustainable Development In Light Of The Jus Cogens Nature Of The Declaration Of The Right To Development, Freda R. Murray-Bruce
ExpressO
This paper examines the copious problem of world poverty affecting half of the world’s population in the South and assesses the international legal obligations of the international legal community, viz., developed states, transnational corporations and the international financial institutions of the IMF, World Bank and WTO to the eradication of poverty and the growth of sustainable development, in view of the inviolability and peremptory nature of the Charter of the UN, and the international human rights provisions arising therefrom. To this extent, we examine the 1986 General Assembly Declaration on the Right to Development, along with the other International Bill …
Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion
Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion
ExpressO
Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …