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Full-Text Articles in Law
Re-Tuning Tuna? Appellate Body Report In Us – Tuna Ii, Lukasz A. Gruszczynski
Re-Tuning Tuna? Appellate Body Report In Us – Tuna Ii, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
Under the TBT Agreement, a labelling requirement can be qualified as a technical regulation, and not as a standard, even if it does not constitute a precondition for placing a product for sale on the relevant market. Examination of “no less favourable treatment” under Article 2.1 requires determining whether a measure modifies the conditions of competition in the relevant market to the detriment of imported like products, and whether such detrimental impact stems exclusively from a legitimate regulatory distinction rather than reflecting discrimination against the group of imported like products. The evaluation of whether a measure is more trade-restrictive than …
The Dispute Settlement Understanding Of The Wto Agreement: An Inadequate Mechanism For The Resolution Of International Trade Disputes, Sean P. Feeney
The Dispute Settlement Understanding Of The Wto Agreement: An Inadequate Mechanism For The Resolution Of International Trade Disputes, Sean P. Feeney
Pepperdine Dispute Resolution Law Journal
The 1994 signing of the World Trade Organization (WTO) Agreement marked the initiation of the most far-reaching and comprehensive international agreement on trade in the history of the modern world. The creation of an actual trade organization was a marked improvement over the WTO's predecessor, the 1944 GATT, which never formed an organization per se. Among the many improvements to the GATT, the WTO Agreement substantially changed the mechanism for dispute settlement whenever conflict arose between member states. This change, codified as the Dispute Settlement Understanding ("DSU"), was initially hailed as a great improvement over the GATT dispute settlement provisions. …
The Conventional Morality Of Trade, Chin Leng Lim
The Conventional Morality Of Trade, Chin Leng Lim
Chin Leng Lim
This chapter is concerned with the kinds of moral and political arguments that developing countries have made in the name of global justice. Claims for the direct global redistribution of resources have not loomed large in international trade law and regulation. To be sure, they were raised during the failed negotiations for an International Trade Organization (ITO), but the principal tension that has come to the fore in trade law and policy debate is that between the formal rules of nondiscrimination under the General Agreement on Tariffs and Trade (GATT) and the developing countries’ calls for exceptions to those rules. …