123 research outputs found
Article 50 does allow Britain to negotiate a transitional period
No full textThe PM intends to negotiate a transitional period after March 2019, during which people, businesses and services would have time to adapt to Brexit while the current regulatory framework is maintained. But it is still unclear how Britain will do this. Federico Ortino and Holger Hestermeyer (King’s College London) argue that Article 50 allows the UK to postpone the beginning of the withdrawal agreement until a later date – perhaps March 2021. This would give the government valuable time to implement Brexit
On Brexit, transition, customs partnership and max fac - a drama in four acts
No full textThe Brexit process has had its share of surprising twists and turns. But even seasoned observers were taken by surprise recently when the Sun reported that "Brexiteers urge Theresa May to extend the transition period". Experts have long agreed that the transition period currently provided for in the Withdrawal Agreement is unlikely to be long enough to successfully negotiate a broad Free ...Trade Agreement (read Association Agreement) between the UK and the EU. So is this news evidence that rationality is returning to the Brexit debate? Sadly, no, writes Holger Hestermeyer (King’s College London). Rather, we are witnessing a surreal play – a drama in four acts
Global Public Goods, Global Commons, Fundamental Values and International Investment Law: the Responses of the New Generation of International Economic Law Agreements and Investment Arbitration Proceedings
No full text
Article 4 DSU
No full textConsultations are an instrument for obtaining satisfactory adjustment of a disputed matter between the Members on a bilateral level (Art. 4.5), before further formalized action under the DSU is taken. “[ They] are a crucial and integral part of the DSU and are intended to facilitate a mutually satisfactory settlement of the dispute, consistent with Article 3.7 of the DSU”.2 From the perspective of the WTO dispute settlement system, consultations are a prerequisite to panel proceedings. Through consultations, parties exchange information, assess the strengths and weaknesses of their respective cases, narrow the scope of the differences between them, may reach a mutually agreed solution and provide the parties with an opportunity to define and delimit the scope of the dispute between them. Furthermore, as stated by the Appellate Body,
consultations not only “afford many benefits to complaining and responding parties” but also “to third parties and to the dispute settlement system as a whole”.
Consultations should not only be perceived as the first formal step in a legal procedure. They are also a diplomatic method of prevention or resolution.
The Comment on Article 4 of the DSU is devoted to the role of consultations and mutually agreed solutions in the WTO dispute settlement mechanis
Economic, Social and Cultural Rights in the WTO
No full textThe article analyzes the complex relationship between the legal regime of international human rights law, particularly under the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the system of the World Trade Organization (WTO). In the first part, the author addresses this issue from a normative perspective and seeks to answer whether the WTO is bound by the ICESCR and if the Covenant can be applied in WTO dispute settlement to justify violations of WTO law. In the second part the author empirically analyzes the extent of the use of human rights arguments in the debates of WTO bodies, using the documents of the WTO database. In the conclusions the author presents the results of his inquiry
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