This area of work focuses on two different issues: conflicts of law and jurisdiction, and the WTO’s procedural rules.
WTO Procedural Rules
Though celebrated by many as a major achievement, the WTO’s dispute settlement procedures have also been subject to criticism, especially in developing countries. Various procedural rules seem to be biased towards the larger and stronger economies, unnecessarily prejudicing the developing world. At the same time, even if imperfect, it is important to provide information on how some of the most important procedural rules can be used most effectively. In this regard, ICTSD has produced a set of systemic studies that analyze and translate the concerns in a comprehensible way and from a sustainable development perspective.
List of publications
- ‘Access to Justice in the WTO - the Case for Small Claims Procedures’ available here
- ‘Appeal without Remand: A Design Flaw in the WTO Dispute Settlement and How to Fix It’ available here
- ‘Burden of Proof in WTO Dispute Settlement Contemplating Preponderance of the Evidence’ avaiable here
- ‘Cross - Retaliation in TRIPS: Options for Developing Countries’ available here
- ‘Suspension of Concessions in the Services Sector: Legal, Technical and Economic Problems’ available here
Conflicts of Law and Jurisdiction
With an ever increasing number of international agreements addressing a wide range of issues, clashes between such agreements and international courts have become more likely if not unavoidable. This is particularly true for the relation of Free Trade Agreements (FTAs), Multilateral Environmental Agreements (MEAs) and the World Trade Organization (WTO).
With its recent paper ‘Conflicting Rules and Clashing Courts’, the Centre has launched a project on this highly important issue.
List of Publications
- ‘Questions Juridiques et Systémiques Dans les Accords de Partenariat économique: Quelle voie suivre à présent?’ available here
- ‘Legal and Systematic Issues in the Interim Economic Partnership Agreements’ available here