A memorandum presented to Mrs. Vera Thorstensen, Getúlio Vargas Foundation Clinic: Graduate Institute, Spring 2011 Executive Summary Read the full report here This memorandum is the result of a request submitted by the Center on Global Trade and Investment of the Getúlio Vargas Foundation (FGV) in Brazil in the framework of the Trade Law Clinic at the Graduate Institute of International and Development Studies, Geneva. The following questions concerning primarily the legal e

Clinic: Graduate Institute, Spring 2011 Beneficiary: Permanent Mission of the Russian Federation to the United Nations Office and Other International Organizations in Geneva Executive Summary Read the full report here This memorandum addresses the relationship between Article XXIV of the GATT 1994, which governs the implementation of preferential trade agreements (PTAs), and certain other substantive obligations within the WTO Covered Agreements, namely: 1) the freedom of tra

Clinic: Graduate Institute, Spring 2012 Beneficiary: IISD, CELA, and Ecojustice Introduction Full report available here The International Institute for Sustainable Development (‘IISD’), the Canadian Environmental Law Association (‘CELA’) and Ecojustice Canada (‘Ecojustice’) hereby submit the following amicus curiae brief in the matter Canada — Certain Measures Affecting the Renewable Energy Generation Sector (DS412). According to Article 13 of the Understanding on Rules and P

This memorandum examines the shift of competence on FDI to the EU. With a focus on the long term developments of EU IIAs, the analysis contains five core parts. First, it address the inclusion of FDI in the Common Commercial Policy, its definition, and the context. Second, it discusses whether EU IIAs will be mixed or “pure” Union Agreements. Third, it elaborates on the allocation of international responsibility for IIAs. Two options are discussed: the most probable WTO like

Clinic: Graduate Institute, Spring 2014 Executive Summary Read the full report here This research paper analyses the current problem of frequent resort to trade remedies for environmental goods and makes recommendations to resolve this problem. Specifically it tries to examine the issue, whether the imposition of trade remedies (that is levying of anti-dumping and countervailing duties) on environmental goods undermines the efforts at trade liberalisation, by tariff reduction

Clinic: Graduate Institute, Spring 2011 Beneficiary: UNCTAD Executive Summary Read the full report here This is an abstract of a Memorandum to UNCTAD by Bahakal Yimer, Nicolas Cisneros, Laura Bisiani, Rahul Donde. This memorandum is the outcome of the research topic submitted by the United Nations Conference for Trade and Development in the framework of the Investment and Trade Law Clinic at the Graduate Institute of International and Developmental Studies. Our project, as re

This memorandum examines interpretation of Most-Favoured-Nation (MFN) treatment standard for substantive protection in the context of international investment law. Clinic: Graduate Institute, Spring 2012 Executive Summary Full report available here 1. This memorandum examines interpretation of Most-Favoured-Nation (MFN) treatment standard for substantive protection in the context of international investment It also offers proposals for drafting the MFN clause of the Investme

This Memorandum focuses on improving the limitations of the World Trade Organization’s (WTO) dispute settlement mechanism through development of the remedy of monetary compensation into the Dispute Settlement Understanding (DSU). Clinic: Graduate Institute, Spring 2012 Executive Summary Read the full report here This Memorandum focuses on improving the limitations of the World Trade Organization’s (WTO) dispute settlement mechanism through development of the remedy of monetar

Clinic: Graduate Institute, Spring 2010 Beneficiary: Mexican Mission to the WTO Summary Full report available here This memorandum analyzes the coverage of export taxes in the GATT and WTO regime. While export taxes are not directly regulated under WTO law, they could potentially be challenged under several provisions. GATT Article II:1(b) enables a contracting party to challenge an export tax only if another member has made binding commitments in its schedule of concessions

This memorandum investigates to what extent obligations undertaken by States under International Conventions for the Protection of Cultural Rights and the Environment constitute a limitation to investor’s rights under bilateral or multilateral investment treaties and investment contracts. Clinic: Graduate Institute, Spring 2012 Beneficiary: Office of International Standards and Legal Affairs of the UNESCO Executive Summary Read the full report here This memorandum was prepare