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Annette Magnusson

-State Arbitration teaches us that in May 1966 the United States State Department, in a report to the Senate Foreign Relations Committee, predicted that the use of the ICSID procedure would ‘create a significant new body of international law’ (p. 177). Today, some fifty years later, this prediction certainly

Mark Davison and Patrick Emerton

intricate interpretive framework within which the plain packaging dispute unfolded and strengthened the argument for recognising the justifiability of measures directed towards public health. This article began by noting that the prediction that trademark and other intellectual property owners would find

Edited by Chia-Jui Cheng

not possibly support any substantial increase in the limit of their liability towards passengers; for none of the dreaded predictions of doom has materialized. What is perhaps lamentable is that very often airlines will be almost automatically supported by their governments, thus making a revision of

Apotex v United States: Narrowing NAFTA’s Definition of ‘Investment’

Apotex Holdings Inc. and Apotex Inc. v United States of America, UNCITRAL, Award on Jurisdiction and Admissibility, 14 June 2013 (Fern Smith, Clifford Davidson, Toby Landau)

Julian Davis Mortenson

’ (para 268). As the Tribunal explained, ‘the “obvious futility” threshold is a high one’: it ‘requires an actual unavailability of recourse or recourse that is proven to be “manifestly ineffective”—which, in turn, requires more than one side simply proffering its best estimate or prediction as to its

Charles C. ADAMS Jr.

States Trade Representative Ron Kirk that it is fully behind the commitment of the United States to free trade. It is my own prediction that this commitment is going to be implemented and will be fully perceptible in the ongoing discourse among member States of the WTO in the months and years ahead, and

Yuval Shany

international law and the little mayhem that has been generated so far by the lack of a common adjudicative language, notwithstanding the dire predictions presented in the past by many authors (including the present reviewer). Moreover, contrary to expectations, the number of frequency of jurisdictional clashes

Leonardo GIACCHINO and Eleanor BLALOCK

different factors arc at play within the two groups, causing the subset to produce significantly more filings per country than the non-subset group. Two separate analyses would produce more accurate, tailored results. The sum of the two separate predicted results would allow for a prediction of the overall

Sotonye Frank

against these acts, the clauses became less relevant. Predictions were, therefore, made that governments of developing countries will no longer grant stabilisation clauses. 21 The predictions about the demise of stabilisation clauses were however short-lived. The mid-1980s catastrophic fall in minerals

Debashis Chakraboty, Julien Chaisse and Jaydeep Mukherjee

with the production network in Southeast Asia, the proposed India-Japan Economic Partnership Agreement 82 is likely to further boost investment collaboration. This is in line with the predictions of the ‘Flying Geese’ model which suggests that FDI from East (e.g. Japan, South Korea) and Southeast Asia

Political Economy of Intellectual Property Policy-Making

An Observation from a Realistic (and Slightly Cynical) Perspective

Meir Perez PUGATCH

heated debate developed between supporters and critics of the CnD as the sides competed between themselves and among themselves in providing extreme and original doomsday predictions of either the acceptance or the rejection of the CIID. On 24 September 2003, the European Parliament adopted at first