Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 10 of 10 for “"Appellate Body"”.
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The World Trade Organization (WTO) Appellate Body crisis: A critical analysis
… (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural and substantive concerns with the Appellate Body's failure to follow WTO rules. On 10 December 2019, the Appellate Body …
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Sustainability and biofuels: Reconciling social and environmental criteria with WTO law
… raises particular challenges of WTO law. The Appellate Body must strike a balance between achieving the WTO’s primary mandate of trade liberalization and showing appropriate deference toward trade-restrictive regulations, particularly those, like EU criteria, that pursue climate change …
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A new interpretive approach to an old issue under the WTO Turning the chapeau of GATT article XX into a wild card for greater domestic regulatory autonomy
… of the chapeau of Article XX by the Appellate Body in recent years can be used to reconstruct the chapeau to exempt highly flexible domestic measures with objectives listed in Article XX and even domestic measures with objectives not listed in Article XX. This is only a tentative …
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Safeguard dilemmas: The need for practical special and differential treatment for developing countries
… many of which evolve out of the strict Appellate Body decicions, are reasonable on legal and policy grounds even though such controlling measures are applied likewise to fairly-traded and not just to unfairly-traded merchandise. Secondly, developing countries like South Africa should …
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Protection of state parties’ rights under the dispute settlement mechanism of the African continental free trade agreement: Lessons from the World Trade Organisation
… requirement for the establishment of the Appellate Body (AB), are investigated. The study draws a comparative analysis of the provisions of the AfCFTA DS Protocol with the Understanding on Rules and Procedures Governing the Settlement of Disputes of the World Trade Organisation (WTO DSU). …
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A critique on the investigation and adjudication powers of the Fair Competition Commission and finality clause of the Fair Competition Tribunal in Tanzania: a reflection from Jamaican and South African competition law
… and adjudication) and the FCT with a final appellate jurisdiction. While concentration of power in the FCC may be cost-saving to government, it is associated with problems on the side of stakeholders particularly on the question of impartiality, since the FCC is likely to be a judge of its …
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A comparison between the dispute settlement procedures in the international court of justice and the world trade organisation
… will be discussed. The working procedures of the Appellate Body (AB) will be analysed in detail. Another aim is to compare with the ICJ, wherever possible. Legal concepts such as jurisdiction, judicial aspects of reasoning, the burden of proof, and the standard of proof will be discussed. The …
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Causation in the Law of the World Trade Organization
… has been developed from guidance given by the Appellate Body in US—Wheat Gluten.
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Supreme Court appointments in the charter era: the current debate and its implications for reform
… the Privy Council in Britain as Canada's highest appellate body, and the Charter's entrenchment in 1982, the debate centered almost exclusively on questions of federalism. Specifically, the provinces argued that in a federal country, it is inappropriate that the status and composition of the court …
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Figments of Fragmentation in International Trade Law: Examining the Systemic Interaction between WTO Law and Regional Trade Agreements
… Finally, it is suggested that the WTO Appellate Body and panels may rely on the good faith obligation under Articles 3.7 and 3.10 DSU and where ‘actions’ brought by Members are not ‘fruitful’ under Article 3.7 DSU to refuse to exercise their jurisdiction where there is jurisdictional …