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This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US¿Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the precise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures.
This book provides a comprehensive portrait of how international responsibility of the EU and the Member States is structured under the EU's international investment protection agreements.
This book provides the first comprehensive analysis of unbundling and, in particular, ownership unbundling policies from the perspective of international economic law.
This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO.
In the debate over the treatment of China in trade remedy investigations, this book focuses exclusively on anti-subsidy law.
This book provides the first comprehensive analysis of unbundling and, in particular, ownership unbundling policies from the perspective of international economic law.
This book analyses the adequacy of Mongolia's legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective.
The book deals with confidentiality as one of the most controversial issues in international commercial arbitration.
Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states.
This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach.
This book offers insights into how international investment law (IIL) has frustrated states' protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions.
This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption.
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