Search for: "Gatt v. Gatt"
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7 Sep 2016, 8:12 am
On the contrary, in US – Softwood Lumber V (Article 21.5 – Canada), the Appellate Body emphasized the exceptional nature of the W-T comparison methodology. 395 In US – Zeroing (Japan), the Appellate Body stated that "[t]he asymmetrical methodology in the second sentence is clearly an exception to the comparison methodologies which normally are to be used. [read post]
27 Mar 2016, 11:46 am
XXIV GATT / V GATS alone can effectively balance multilateral inclusiveness and regional exclusivity. [read post]
7 Mar 2016, 9:04 pm
In Consideration of the Sanum v. [read post]
17 Feb 2016, 10:53 am
This is modeled on similar exceptions in GATT and GATS. [read post]
2 Feb 2016, 5:24 am
What is the continued relevance in this context of the direct v. indirect taxation distinction? [read post]
24 Jan 2016, 5:55 am
What is the continued relevance in this context of the direct v. [read post]
31 Dec 2015, 7:15 am
As noted from the paragraph, the information that must be protected is undisclosed information as provided for in Article 39.2 of the (WTO GATT) TRIPS Agreement. [read post]
21 Aug 2015, 3:00 am
The decision in Hyatt v. [read post]
22 Jul 2015, 2:18 pm
Ambiguity between how much of the discourse in A2K is targeted at patent v. copyright. [read post]
20 Jul 2015, 10:54 am
Here's the abstract:In 2014, two landmark international legal decisions made a significant contribution to the development of international law on the protection of animals: the report of the Appellate Body of the World Trade Organization (WTO) in EC-Seal Products, and the judgment of the International Court of Justice (ICJ) in Whaling in the Antarctic: Australia v. [read post]
17 Jul 2015, 12:47 am
Eugen Ulmer KG Bjorn Arp, Georgia v. [read post]
24 Jun 2015, 5:37 am
This is a guest post from Henning Grosse Ruse - Khan For a paper I have been working on (http://ssrn.com/abstract=2610576), I am looking for comments on applying GATT disciplines (such as Art.I, III, V and XI) as well as the General Exception rule in Art.XX d) to national IP protection and enforcement measures that go beyond the multilateral standards in TRIPS. [read post]
22 Jun 2015, 2:45 am
As recently indicated by The IPKat here, the new text features Recitals 19a and 19b which contextualise customs protection within the EU trade mark system, explaining that the new regime is designed to be compliant with the international obligations to which the European Union is subject under the World Trade Organization framework, with special reference to Article V of the GATT on freedom of transit and the Doha Declaration of 14 November 2001 regarding generic… [read post]
17 Jun 2015, 11:54 am
To appreciate the meaning and effect of Article 9(5), one has to read no less than five recitals to the proposed Regulation, being Recitals (19a) to (19e).Recital (19a) explains that trade mark owners are given this remedy with the aim of strengthening trade mark protection and combating counterfeiting more effectively and in line with international obligations of the Union under the WTO framework, in particular Article V of the GATT on freedom of transit and, as regards… [read post]
15 Jun 2015, 7:48 am
Steger, University of Ottawa, Faculty of Law EU’s Renewable Energy Directive saved by GATT Art. [read post]
9 Jun 2015, 12:49 am
For example, this mutually supportive approach could be investigated from a number of angles: 1) how, when, and to what extent can future IIA practice – as informed by existing treaty practice and jurisprudence – integrate environmental sustainability and protection components (ie GATT-like general exceptions, sustainable development obligations) while still protecting legitimate foreign investments; 2) how, when, and to what extent could environmental agreements (especially… [read post]
7 Jun 2015, 5:18 am
These approaches could be investigated from a number of angles: 1) how, when, and to what extent can future international investment agreement practice – as informed by existing treaty practice and jurisprudence – integrate environmental sustainability and protection components (eg GATT-like general exceptions, inclusion of elements to promote and facilitate sustainable investment, etc.) while still protecting legitimate foreign investments; 2) how, when, and to what extent… [read post]
3 Jun 2015, 5:07 am
What are all these measures for which Members are citing GATT Article XXI? [read post]
20 Mar 2015, 8:11 pm
Simon Lester already blogged this morning about the NAFTA investor-state award in Bilcon v. [read post]
2 Feb 2015, 3:02 am
L’étude des instruments adoptés au sein de l’OMS (règlement sanitaire international et cadre de préparation en cas de grippe pandémique), des actes unilatéraux de l’ONU (résolutions de l’Assemblée générale, du Conseil de sécurité et du Conseil économique et social), de la coopération entre organisations intergouvernementales (GLEWS, GF-TADs, OFFLU) et des accords de l’OMC… [read post]
