Digital Trade in WTO-Law - Taking Stock and Looking Ahead
In: Asian Journal of WTO & International Health Law and Policy, Band 5, Heft 1, S. 1-24
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In: Asian Journal of WTO & International Health Law and Policy, Band 5, Heft 1, S. 1-24
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Working paper
This article examines legal and geopolitical aspects of the China-Taiwan Economic Cooperation Framework Agreement (ECFA). It begins by analyzing areas in which the two governments' measures contravene rules of the World Trade Organization (WTO). In particular, it provides the first detailed examination of the significant implications emerging from the ECFA for cross-straits trade relations and East Asian regionalism. The article also explains how the ECFA was modeled on free trade agreements (FTAs) of the Association of Southeast Asian Nations and assesses the impact of the ECFA's early harvest program. Finally, the article discusses the ECFA's consistency with WTO requirements for an interim FTA agreement and potential legal issues arising from the dispute settlement mechanism. In this respect, the article presents a valuable case study of an FTA.
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In: V. Abazi, J. Adriaensen, T. Christiansen (eds.), The Contestation of Expertise in the European Union, Palgrave Macmillan: 2020
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In October 2014, the European Union requested consultations with Russia under the WTO's dispute settlement system regarding Russia's tariff treatment of various agricultural and manufacturing products. Although most of the measures challenged by the EU were individual tariff lines, the final measure in its complaint was a "more general measure" referred to as the systematic duty variation. A WTO dispute panel eventually ruled that the EU failed to establish the systematic nature of the duty treatment afforded by Russia to certain products. In this paper, we explore the dispute panel's ruling, as well as how claims of systematic non-compliance are treated in other legal settings. We conclude by exploring whether future WTO panels should instead consider statistical evidence of systematic treatment to promote compliance.
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In: HEALTH CARE AND EU LAW, J. van de Gronden, et al., eds., TMC Asser Press/Springer, 2011
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In: Journal of International Economic Law, Band 14, Heft 1, S. 121-156
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In: Routledge research in international economic law
In: Amsterdam Center for International Law No. 2020-21
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In: Big Data and Global Trade Law (Mira Burri ed, Cambridge University Press, 2021), pp. 83-112, Open Access: https://doi.org/10.1017/9781108919234
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In: Journal of international economic law, Band 16, Heft 1, S. 91-117
ISSN: 1464-3758
In: Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2018/02
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In: Journal of international economic law, Band 19, Heft 2, S. 363-366
ISSN: 1464-3758
In: Journal of international economic law, Band 14, Heft 1, S. 121-156
ISSN: 1464-3758
In: Cambridge studies in international and comparative law 55
This book examines how national law is treated in WTO law, both in the WTO treaty and dispute settlement cases. The WTO treaty contains a set of far-reaching obligations establishing a systemic and constitutional framework of interaction between WTO law and national law. WTO dispute settlement operates as an international layer of judicial review of national laws and administrative, judicial or quasi-judicial measures. Consequently, much of the WTO dispute settlement decisions and rulings relate in different ways to Members' national laws. Yet, up until the publication of this book, there was no systematic analysis of this vastly important subject. This book provides a thorough map of an increasingly complex field. In doing so, it extends the enquiry beyond well-known formulas and combines practical analysis with principled discussion of how the treatment of national law in international law can and should ensure effectiveness of international rules and promote good governance within nation-states