...was the U.S., which has long argued that the Article XXI exception is non-justiciable.[44] WTO Panel’s findings on the justiciability of Article XXI The WTO Panel dismissed Russia’s claim that...
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...WTO panels have given rise to a number of difficult and controversial issues. But perhaps no issue is as controversial as the legitimacy of the WTO’s dispute settlement system. For...
The WTO’s Legitimacy Crisis: Reflections on the Law and Politics ...
Author: Alberto Alvarez-Jiménez* Published: December 2009 Jurisdiction: International Topics: Categories of Disputes Investment Disputes ICJ WTO Description: Both the International Court of Justice (“ICJ”) in the Case Concerning The Gabcikovo-Nagymaros...
New Approaches to the State of Necessity in Customary International ...
Author: J. H. H. Weiler* Published: December 2003 Jurisdiction: International Topics: Dispute Resolution and Litigation Description: I. INTRODUCTION No other area of the World Trade Organization (WTO) has received more...
The Rule of Lawyers and The Ethos Of Diplomats: Reflections ...
...Jeffrey L. Dunoff, The WTO’s Legitimacy Crisis: Reflections on the Law and Politics of WTO Dispute Resolution (Vol. 13(1-4) December 2003) Alexander K.A. Greenawalt, Does International Arbitration Need A Mandatory...
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Author: Armin Steinbach* Published: June 2014 Description: I. INTRODUCTION The treatment of sensitive information poses a challenge in dispute settlement proceedings of the World Trade Organization (“WTO”). The challenge lies...
The Treatment of Confidential Information in WTO Dispute Settlement Proceedings ...
...papers focusing on various aspects of this system. Paradoxically, there is little known about the identity of the WTO judges: since, at the end of the day, the WTO has...
Arbitrating Trade Disputes (Who’s the Boss?) – Vol. 23 No. ...
...of Commerce Arbitration Center,[21] Grain and Feed Trade Association (GAFTA),[22] Bogotá Chamber of Commerce Arbitration Center,[23] Barranquilla Chamber of Commerce Arbitration Center,[24] Cuban Court of International Commercial Arbitration,[25] Court of...
Reviewing Colombian Supreme Court Judgments on International Arbitral Awards
...intellectual property. [1] GlobalData Healthcare, The impact of big pharma on Covid-19, Pharmaceutical Technology (Apr. 23, 2020), https://www.pharmaceutical-technology.com/comment/covid-19-pharmaceutical-companies-impact/. [2] TRIPS and pharmaceutical patents: fact sheet, WTO, 1 (Sep. 2006), https://www.wto.org/english/tratop_e/trips_e/tripsfactsheet_pharma_2006_e.pdf....
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...WTO Dispute Settlement System was established during the Uruguay Round, but built on the foundations established by the GATT in 1947. See generally Ernst-Ulrich Petersmann, The GATT/WTO Dispute Settlement System:...
ВITs in Central Asia: Opportunities and Risks
...Reflections on the Internal and External Legitimacy of WTO Dispute Settlement J.H.H. Weiler The WTO’s Legitimacy Crisis: Reflections on the Law and Politics of WTO Dispute Resolution Jeffrey L. Dunoff...
Volume 13: Issue 1-4 (December 2003)
Author: Jeremy R. Stewart* Published: December 2019 Jurisdictions: International Turkmenistan Mexico Canada United States Europe Japan Topics: Investment Disputes States as Parties WTO Description: I. INTRODUCTION Many countries are in...