Search Results

The Ancestry of ‘Equitable Treatment’ in Trade

Lessons from the League of Nations during the Inter-War Period

Mona Pinchis

nullifying or impairing effects caused by State’s measures could lead to unanticipated applications of the clause. Looking to the NVNI remedy, Sykes and Staiger remarked that early GATT panel rulings on non-violation claims substantially narrowed its use, making the NVNI remedy have “a much smaller

J. Ife Ogbonna

eu Seal Regime is justified under Article XX(a) of the gatt 1994.’ 96 4.6 Non-Violation Claim under Article XXIII:1(b) of the gatt 1994 Having found the eu measures inconsistent with eu obligations under the gatt , it remained for the Panel to make a finding of nullification and

Seyed Mohamad Hassan RAZAVI

has been included to remedy such measures. (WTO Secretariat Publication, 2004, p. 32) According to GATT, Article xxm, a measure should be applied which has nullified or impaired the benefits; a nullification or impairment which is presumed in a violation complaint and not presumed in a non-violation

Depoliticization of International Dispute Settlement

A Comparison of the Dispute Settlement Provisions of the WTO and the Energy Charter Treaty

Sumio KOZAWA, Thomas Wälde and Joel P. Trachtman

dispute settlement."58 Furthermore, the Panel Report in Japan-Photographic Film articulated that government action, not government inaction, was required for a non-violation claim.59 For example, the absence of competition law in the party complained against does not support non-violation claims

Non-Discrimination and its Dimensions in a Possible WTO Framework Agreement on Investment

Reflections on the Scope and Policy Space for the. Development of Poor Economies

Victor MOSOTI

flung on unwary developing country negotiators who may not be prepared to argue against them. Lessons in the operational difficulties or redundancy105 of non-violation claims could be drawn from GATT and GATS practice, and perhaps from the Energy Charter Treaty, which incorporated non- violation

Valentina VADI

concerns the claims available to the parties. Indeed, investors are given the possibility to bring not only violation complaints, but also non-violation claims. A . NON- VIOL4TION Nulufication OR IMPAIRMENT OF Benefits COMPL4INTS The inclusion of non-violation complaints in the dispute settlement chapter

Series:

Kateryna Zelenska

that the shift of Ukrainian grain supply to China nullifies or impairs the benefits of other food-importing states. Thus, they may consider making use of a non-violation claim under Art. XXIII:1(b) of the gatt . Allegedly, grain importers may claim that the restricted supply of cereals due to the

Series:

Kateryna Zelenska

that the shift of Ukrainian grain supply to China nullifies or impairs the benefits of other food-importing states. Thus, they may consider making use of a non-violation claim under Art. XXIII:1(b) of the gatt . Allegedly, grain importers may claim that the restricted supply of cereals due to the

Series:

Simon Tans

, as the gats framework would not ‘be sufficiently comprehensive to cover all types of government acts and policies affecting trade in services’. 528 As noted by Kuijper, it is indeed up to the panels and Appellate Body to apply judicial restraint in relation to non-violation claims. 529 Under