Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 7 of 7
Full-Text Articles in Law
Greek Debt Restructuring, Abaclat V. Argentina And Investment Treaty Commitments: The Impact Of International Investment Agreements On The Greek Default, Julien Chaisse
Julien Chaisse
This chapter further explains the Greek crisis and sets the scene for the subsequent analysis. Section I reviews the existing Greek treaties, while section II reviews their coverage of sovereign debt-related issues in terms of scope of application. Section III explains key features of the Greek– foreign IIAs and their significance for sovereign debt restructuring (SDR), namely the scope of Greek–foreign IIAs in terms of substantial rights of investors under IIAs. Section IV summarizes the main points of contention for the future of SDR in light of the Abaclat decision, but also the litigation prospects as for the Greek SDR.
Deconstructing The Wto Conformity Obligation-- A Theory Of Compliance As A Process, Julien Chaisse
Deconstructing The Wto Conformity Obligation-- A Theory Of Compliance As A Process, Julien Chaisse
Julien Chaisse
This Article deconstructs the WTO obligation of conformity enshrined in Article XVI:4 of the WTO Agreement, demonstrating that this key provision is not a mere interface between international and domestic law. In fact, the obligation of conformity is the source of a process of compliance which, although more modest than usual law of international responsibility, has proven to be effective in securing final compliance. Deconstructing the obligation of conformity helps to explain and demystify the high level of compliance with WTO law while significantly contributing to the understanding of why and how States comply with international law.
Maintaining The Wto's Supremacy In The International Trade Order: A Proposal To Refine And Revise The Role Of The Trade Policy Review Mechanism, Julien Chaisse
Maintaining The Wto's Supremacy In The International Trade Order: A Proposal To Refine And Revise The Role Of The Trade Policy Review Mechanism, Julien Chaisse
Julien Chaisse
In light of the stagnating World Trade Organization (WTO) negotiations, this article argues that WTO should not only focus on the development of new rules or the resolution of disputes, but should also develop ‘soft law’ on the basis of informal mechanisms as the successful experiences of the International Competition Network or the International Monetary Fund demonstrate. In this respect, WTO should extend and refine the role of its Trade Policy Review Mechanism (TPRM) in order to be able to address essential issues of contemporary economic concerns and, hence, remain at the centre of global governance. This article explains how …
Sovereign Wealth Funds In The Making - Assessing The Economic Feasibility And Regulatory Strategies, Julien Chaisse
Sovereign Wealth Funds In The Making - Assessing The Economic Feasibility And Regulatory Strategies, Julien Chaisse
Julien Chaisse
The recent emergence of SWFs as active and important players in international financial markets has raised a host of questions about their likely effect on markets and states. This trend is further reinforced in 2010/2011 by the fact that despite the fears and turbulences that spread all over the world in reason of the global economic and financial crisis, SWFs have blatantly retained their influence. SWFs create a regulatory and theoretical challenge because they serve two masters with very different agendas. This article is the first to explore the challenges governments face when they wish to set up a SWF. …
The Three-Pronged Strategy Of India's Preferential Trade Policy - A Contribution To The Study Of Modern Economic Treaties, Julien Chaisse
The Three-Pronged Strategy Of India's Preferential Trade Policy - A Contribution To The Study Of Modern Economic Treaties, Julien Chaisse
Julien Chaisse
Before the inception of WTO, India generally did not pursue any regional economic agreement route to promote trade or to achieve any other goal. However, in the Post Cancun Ministerial period, it has progressively entered into a number of preferential trade arrangements with several Asian as well as non-Asian partners. Looking into India’s regional economic integration approach, the current analysis makes an attempt to identify the major determinants behind the shift in the country’s interest and the policy implications of this change. We conclude that India’s approach towards preferential trade can de depicted as a three-pronged PTA strategy: it can …
Why Will China Establish A Government-Sponsored Response Mechanism In Countervailing Games?, Julien Chaisse, Luan Xinjie
Why Will China Establish A Government-Sponsored Response Mechanism In Countervailing Games?, Julien Chaisse, Luan Xinjie
Julien Chaisse
In recent years China has faced numerous countervailing duty investigations among others by the United States and Canada . Reactions to countervailing measures are usually much more policy-oriented than market-oriented. Whereas the dominant strategies adopted by the individual exporting enterprises are usually not the payoff dominant ones, China is tending towards establishing a government-sponsored countervailing response mechanism (Gscrm). With the Gscrm, the bounded rationality of the export enterprises in the countervailing counter-action can be eliminated and therefore payoff dominant equilibrium in a countervailing-responding cooperation game can be achieved.
Implementing Wto Rules Through Negotiations And Sanction: The Role Of Trade Policy Review Mechanism And Dispute Settlement System, Julien Chaisse, Debashis Chakraborty
Implementing Wto Rules Through Negotiations And Sanction: The Role Of Trade Policy Review Mechanism And Dispute Settlement System, Julien Chaisse, Debashis Chakraborty
Julien Chaisse
Based on economic and legal perspectives, the current paper aims to analyze how the World Trade Organization combines negotiations and sanctions to ensure the implementation of its law. While the Trade Policy Review mechanism at the WTO deals with the WTO-compatibility of the trade policy of a particular member in question, the prevalence of such policies can be successfully challenged at the Dispute Settlement Body which makes decisions on trade disputes between governments that are adjudicated by the WTO. The TPR can play a major role in this framework, providing developing and less-developed countries valuable input on the WTO-compatibility of …