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Necessity Exceptions in WTO Law: Retreaded Tyres, Regulatory Purpose and Cumulative Regulatory Measures

Benn McGrady.

in Journal of International Economic Law

March 2009; p ublished online December 2008 .

Journal Article. Subjects: Financial Law; Public International Law; Economics. 9223 words.

The recent decisions of the panel and Appellate Body in Brazil – Measures Affecting Imports of Retreaded Tyres touched upon a number of issues of ongoing significance to the application of...

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WTO DECISION ON IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH: A SOLUTION TO THE ACCESS TO ESSENTIAL MEDICINES PROBLEM?

Duncan Matthews.

in Journal of International Economic Law

March 2004; p ublished online March 2004 .

Journal Article. Subjects: Financial Law; Public International Law; International Economic Law; Economics. 0 words.

The need for a legal solution to the compulsory licence problem was outlined in the Doha Declaration on the TRIPS Agreement and Public Health of 14 November 2001. The agreement subsequently...

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The Design of International Agreements

Andrew T. Guzman.

in European Journal of International Law

September 2005; p ublished online September 2005 .

Journal Article. Subjects: Public International Law. 19509 words.

States entering into international agreements have at their disposal several tools to enhance the strength and credibility of their commitments, including the ability to make the agreement a...

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Part II Interpretation of Treaties, 10 Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement

Donald McRae.

in The Law of Treaties Beyond the Vienna Convention

February 2011 .

Chapter. Subjects: Public International Law; International Law; Law. 21 pages. 9607 words.

Article 17(6)(ii) of the WTO Antidumping Agreement provides that where a panel finds that a provision of the Agreement admits of two ‘permissible’ interpretations, then it must find that a...

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Judicial enforceability of WTO law in the European Union. Annotation to Case C-149/96, <i>Portugal</i> V. <i>Council</i>

S Griller.

in Journal of International Economic Law

September 2000; p ublished online September 2000 .

Journal Article. Subjects: Financial Law; Public International Law; Economics. 0 words.

Until the entry into force of the WTO Agreements, the European Court of Justice (ECJ) continuously denied the direct effect of the GATT 1947 in the European Community's legal order, in...

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From the Periphery to the Center? The Evolving WTO Jurisprudence on Transparency and Good Governance

Padideh Ala’i.

in Journal of International Economic Law

December 2008; p ublished online October 2008 .

Journal Article. Subjects: Financial Law; Public International Law; Economics. 11485 words.

The rise of the regulatory state in the latter half of the 20th century is reflected in the text of the World Trade Organization (WTO) Agreements and specifically its transparency related...

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Part I Commentary on the ICDR International Rules, 24 Article 24—Interim Measures

Martin F Gusy and James M Hosking.

in A Guide to the ICDR International Arbitration Rules

February 2019 .

Chapter. Subjects: Law. 7 pages. 4113 words.

This chapter discusses Article 24 of the ICDR Rules, which empowers the tribunal to order any interim or conservatory measures it deems necessary, including—but not limited to—injunctive...

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Nato's Role in the Collective Security System

Tarcisio Gazzini.

in Journal of Conflict and Security Law

October 2003; p ublished online October 2003 .

Journal Article. Subjects: Public International Law. 0 words.

The article discusses NATO military activities carried out since the end of the Cold War. The great majority of these activities were conducted not under the provisions of the Washington...

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Retrospective Remedies in the WTO after <i>Automotive Leather</i>

Gavin Goh and Andreas R. Ziegler.

in Journal of International Economic Law

September 2003; p ublished online September 2003 .

Journal Article. Subjects: Financial Law; Public International Law; Economics. 0 words.

Prior to the Australia – Automotive Leather implementation report, it was widely understood by WTO Members that the WTO did not provide for retrospective remedies. The multilateral trading...

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The Cyprus Question before the European Court of Justice

Stefan Talmon.

in European Journal of International Law

September 2001; p ublished online September 2001 .

Journal Article. Subjects: Public International Law. 0 words.

Cyprus, linked with the EU by an association agreement, has been de facto divided since 1974. In 1983, the northern part declared independence as the Turkish Republic of Northern Cyprus...

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<i>BIT Protections and Economic Crises: Limits to Their Coverage, the Impact of Multilateral Financial Regulation and the Defence of Necessity</i>

Giorgio Sacerdoti.

in ICSID Review - Foreign Investment Law Journal

November 2013; p ublished online May 2013 .

Journal Article. Subjects: Public International Law. 19557 words.

The issue of application of Bilateral Investment Treaties (BITs) in time of major crisis in the host State and as a basis to challenge any measure taken to the prejudice of foreign...

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Autonomy in Setting Appropriate Level of Protection under the WTO Law: Rhetoric or Reality?

Michael Ming Du.

in Journal of International Economic Law

December 2010; p ublished online December 2010 .

Journal Article. Subjects: Financial Law; Public International Law; Economics. 11590 words.

In the World Trade Organization (WTO) jurisprudence, the Appellate Body (AB) has repeatedly affirmed that WTO Members have the prerogative right in setting any level of protection that they...

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WTO Space for National Regulation: Requiem for a Diagonal Vector Test

James Flett.

in Journal of International Economic Law

March 2013; p ublished online January 2013 .

Journal Article. Subjects: Financial Law; Public International Law; Economics. 26871 words.

This article examines the concept of de facto breaches of a national treatment obligation in the context of Articles III:2 (fiscal measures) and III:4 (regulatory measures) of the GATT 1994null...

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