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Articles 1 - 30 of 30
Full-Text Articles in Law
The Trade Facilitation Agreement: Is The Doha Development Round Succeeding?, Maureen Irish
The Trade Facilitation Agreement: Is The Doha Development Round Succeeding?, Maureen Irish
Law Publications
The Trade Facilitation Agreement (TFA) entered into force on February 22, 2017. It has re-oriented thinking on special and differential treatment at the World Trade Organization (WTO). Developing and least-developed countries can make their obligations conditional on the receipt of effective technical assistance that creates the necessary relevant capacity. They can also choose the implementation periods for provisions of the TFA in accordance with their own needs. These innovative approaches may be suitable for adoption in other agreements.
Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody
Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody
Law Publications
WTO law remains relatively uncontentious whereas international investment law elicits much more debate. This article posits that the differences in reception are attributable to deeper substantive differences about what is protected under each regime. In WTO law what is protected is the sum total of all commitments and concessions under the WTO Agreement, something that can be thought of as a “public” good. When a country injures that good, the remedy is for the country to cease the injury, a requirement that naturally places emphasis on obligation. In international investment law, by contrast, what is protected is individualized to a …
Abductive Reasoning In Wto Law, Chios Carmody
Abductive Reasoning In Wto Law, Chios Carmody
Law Publications
Law is about many things, but at base it is about rights and obligations. That jural correlation is established and sustained by means of reasoning. We hold that an actor has a right or obligation by virtue of reasoning that classically occurs in one of two forms. An obligation creates a right by means of inductive logic that rests on the conviction of similar instances in the past and the need for proof. It can also create an obligation by means of deductive logic, that is, the process of reasoning from one or more statements (premises) that are used to …
Review Of The Development Of World Trade Organization Law, Chios Carmody
Review Of The Development Of World Trade Organization Law, Chios Carmody
Law Publications
No abstract provided.
Theory And Theoretical Approaches To Wto Law, Chios Carmody
Theory And Theoretical Approaches To Wto Law, Chios Carmody
Law Publications
This article examines the role of theory in relation to the law of the World Trade Organization (WTO), and more broadly, international economic law. It posits that an absence of agreement about an underlying theory of WTO law can be traced to lack of clarity about what a ‘theory’ is as well as the fact that the current vogue for interdisciplinary approaches to law means that WTO law, in particular, is analyzed through non-normative frameworks that are removed from the law’s legality. The article goes on to examine three theoretic frameworks – textual, political, and economic – that have been …
Fairness As Appropriateness: Some Reflections On Procedural Fairness In Wto Law, Chios Carmody
Fairness As Appropriateness: Some Reflections On Procedural Fairness In Wto Law, Chios Carmody
Law Publications
No abstract provided.
Independence And Wto Law, Chios Carmody
Modes Of Reasoning In Wto Law, Chios Carmody
Modes Of Reasoning In Wto Law, Chios Carmody
Law Publications
How the law reasons is central to its legitimacy. This article examines how legal reasoning is characterized by two types of logic, deductive and inductive, which are apparent in the legal system of the World Trade Organization (WTO). The article goes on to suggest that the interaction of deductive reasoning in the form of presumptions and inductive reasoning in the form of proof give rise to a third type of logic, abductive logic, defined as the ‘best’ estimate on current knowledge. It then examines how this three-fold combination of ideas is displayed in WTO law and explores what implications this …
The Shirts On Our Backs: The Rana Plaza Disaster, Interdependence, And The Shifting Locus Of Responsibility, Chios Carmody
The Shirts On Our Backs: The Rana Plaza Disaster, Interdependence, And The Shifting Locus Of Responsibility, Chios Carmody
Law Publications
The Rana Plaza Collapse at Savar, Bangladesh in April 2013 highlighted the immense power of global supply chains both to transform lives and imperil them. In the last decade Bangladesh has become a powerhouse of global garment manufacturing, largely through jobs shed by Chinese manufacturers. In the process, the identifiable nature of garments as a product, characteristics specific to the global garment industry, and growing consumer awareness, have all combined to permit corporate buyers in Europe and North America to dictate industrial standards. This article examines competing legal responses to the disaster as an example of the assumption of a …
Fairness In Wto Law, Chios Carmody
Fairness In Wto Law, Chios Carmody
Law Publications
The idea of fairness is a recurrent one in international economic law and relations. By and large, however, commentators have failed to provide a structured understanding for this vital concept or explain its reflection in legal rules. This article proposes a theory of fairness as part of a broader theory of justice, suggesting that fairness is a part of justice, but not the whole of it. Rather, justice may be thought of as a combination of equality plus fairness (i.e. justice = equality + fairness), with the proviso that in any complex system of legal rules, equality must be greater …
What Is Fairness In Wto Law?, Chios Carmody
What Is Fairness In Wto Law?, Chios Carmody
Law Publications
The idea of fairness is a recurrent one in international economic law and relations. By and large however, commentators have failed to provide a structured understanding of this vital concept or explain its reflection in legal rules. This submission proposes a theory of fairness as part of a broader set of reflections on the nature of fairness in WTO law.
Fairness In International Economic Law And Relations, Chios Carmody
Fairness In International Economic Law And Relations, Chios Carmody
Law Publications
The idea of fairness is a recurrent one in international economic law and relations. By and large, however, commentators have failed to provide a structured understanding for this vital concept or explain its reflection in legal rules. This article proposes a theory of fairness as part of a broader theory of justice, suggesting that fairness is a part of justice, but not the whole of it. Rather, justice may be thought of as a combination of equality plus fairness (i.e. justice = equality + fairness), with the proviso that in any complex system of legal rules, equality must be greater …
Canada's Implementation Of The Wto Agreement, Chios Carmody
Canada's Implementation Of The Wto Agreement, Chios Carmody
Law Publications
No abstract provided.
Law And Reform Of The International Economic System, Chios Carmody
Law And Reform Of The International Economic System, Chios Carmody
Law Publications
No abstract provided.
The Duty To Settle In Wto Dispute Settlement, Chios Carmody
The Duty To Settle In Wto Dispute Settlement, Chios Carmody
Law Publications
WTO disputes form an important part of the way we think about WTO law today. Nevertheless, given the fact that virtually all of the disputes must, at some point or other, settle, this article argues that an important — and perhaps even pre-eminent — aspect of WTO law is the law of settlement. There is an actual duty on parties in WTO law to resolve the cases they are involved in. This is not a “hard” obligation in the sense of having to achieve a specific result, but rather one of a softer, process-oriented variety. This article examines the law …
Metrics And The Measurement Of International Trade: Some Thoughts On The Early Operation Of The Wto Rta Transparency Mechanism, Chios Carmody
Metrics And The Measurement Of International Trade: Some Thoughts On The Early Operation Of The Wto Rta Transparency Mechanism, Chios Carmody
Law Publications
No abstract provided.
Wto法律之原理, Chios Carmody
A Theory Of Wto Law, Chios Carmody
A Theory Of Wto Law, Chios Carmody
Law Publications
The creation of the World Trade Organization in 1994 has left open the question of whether we can identify a theory of its legal system. A theory should help us to better understand what WTO law is as well as what it should be. This article posits the idea that a theory can be identified if we conceive of the WTO Agreement as protecting expectations about trade, facilitating adjustment to realities encountered in trade, and promoting interdependence between economic operators. Each of these purposes is implemented under the WTO Agreement by a specific instrument. In the case of expectations it …
Creating "Shelf Space": Nafta's Experience With Cultural Protection, Chios Carmody
Creating "Shelf Space": Nafta's Experience With Cultural Protection, Chios Carmody
Law Publications
The relatively swift negotiation and implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CCD) invites us to consider what came before it and what may follow. This article reviews experience with the creation of cultural “shelf space” under the North American Free Trade Agreement (NAFTA) through the use of a cultural “exception” and how this experience served as an important impetus for Canadian leadership in the negotiation and conclusion of the CCD. The article goes on to consider the CCD’s potential impact as custom and process in the creation of cultural “shelf …
International Decisions- Softwood Lumber Dispute, Chios Carmody
International Decisions- Softwood Lumber Dispute, Chios Carmody
Law Publications
No abstract provided.
Wto Obligations As Collective, Chios Carmody
Wto Obligations As Collective, Chios Carmody
Law Publications
One view of obligations under the WTO Agreement is that they are bilateral, that is, they involve legal obligations between two countries. This is premised on the idea that the object of WTO obligations is 'trade'. According to this view, the WTO Agreement can be considered a 'bundle of bilateral relations' and WTO obligations should be analysed pursuant to rules concerning bilateral obligations under the Vienna Convention on the Law of Treaties and the Articles on State Responsibility. This article takes a different position. It posits that WTO obligations are more appropriately regarded as collective because their principal object is …
The Sutherland Report And The Theory Of Wto Law, Chios Carmody
The Sutherland Report And The Theory Of Wto Law, Chios Carmody
Law Publications
No abstract provided.
Continental Conversations: Remand Of Binational Panel Decisions Under Nafta Ch. 19, Chios Carmody
Continental Conversations: Remand Of Binational Panel Decisions Under Nafta Ch. 19, Chios Carmody
Law Publications
No abstract provided.
Fishing Subsidies And The World Trade Organization, Chios Carmody
Fishing Subsidies And The World Trade Organization, Chios Carmody
Law Publications
No abstract provided.
Trims And The Concept Of Investment Under The Wto Agreement, Chios Carmody
Trims And The Concept Of Investment Under The Wto Agreement, Chios Carmody
Law Publications
No abstract provided.
Remedies And Conformity Under The Wto Agreement, Chios Carmody
Remedies And Conformity Under The Wto Agreement, Chios Carmody
Law Publications
No abstract provided.
Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody
Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody
Law Publications
No abstract provided.
Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody
Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody
Law Publications
The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These conference proceedings comprise a collection of essays written by leading academics and practitioners on the subject of how international law affects Canadian domestic law. A wide range of domestic law areas are covered, including environmental law, international trade law, constitutional law, international treaties, and the treatment of women in relation to immigration and refugee law. This work will be of value to Canadian scholars and practitioners, …
When “Cultural Identity Was Not At Issue”: Thinking About Canada - Certain Measures Concerning Periodicals, Chios Carmody
When “Cultural Identity Was Not At Issue”: Thinking About Canada - Certain Measures Concerning Periodicals, Chios Carmody
Law Publications
No abstract provided.
Of Substantial Interest: Third Parties Under Gatt, Chios Carmody
Of Substantial Interest: Third Parties Under Gatt, Chios Carmody
Law Publications
No abstract provided.