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Small Economies and Models of Investor-State
Dispute Settlement: Interests and Constraints in
the Sh

Small Economies and Models of Investor-State Dispute Settlement: Interests and Constraints in the Sh

Executive Summary (The full memo can be read here) Under the current system of Investor-State Dispute Settlement (ISDS), many International Investment Agreements (IIAs) allow foreign investors to file arbitration claims against states. Under these proceedings, foreign natural or legal persons can file a direct claim against a state within whose territory they operate for the violation of certain standards of treatment, as stipulated in the applicable instrument. ISDS, which i

Analysis and Overview of the WTO Reform Proposals

Analysis and Overview of the WTO Reform Proposals

Short Summary of a Confidential project for an International Government Organization The purpose of this paper is to provide a comprehensive analysis of the primary proposals emanating from Members of the World Trade Organization (WTO) concerning the reform of the WTO to improve its functioning. The writings of academics and trade professionals have also been consulted to aid with the execution of this task. The paper focuses on those proposals published on or before 1 April,

The Blockade Imposed Against Qatar: An Analytical Study of WTO Principles

The Blockade Imposed Against Qatar: An Analytical Study of WTO Principles

Clinic: Qatar University, Spring 2018 Beneficiary: Qatar Government Executive Summary Read the full report here. On June 5, 2017, Kingdom of Saudi Arabia (KSA), United Arab Emirates (UAE), Bahrain and Egypt (“blockading countries”) imposed a land, air and sea blockade against Qatar. Two weeks into the blockade, the blockading countries issued a list of demands that would impair the sovereignty and independence of the State of Qatar (Qatar). These four countries took measures

Secretariat Support for Ad Hoc Panels under Canada's Free Trade Agreements

Secretariat Support for Ad Hoc Panels under Canada's Free Trade Agreements

(Image Courtesy: Government of Canada website) Clinic: uOttawa-Queen's Joint Clinic, Spring 2018 Beneficiary: Global Affairs Canada Executive Summary To read and download the full project, please visit here This memorandum explores the viability of making use of third-party secretariat institutions to administer state-to-state disputes under Canada’s free trade agreements (“FTAs”) in order to respond to a range of difficulties faced by ad hoc panels constit

Perverse Subsidies and Extractive Industries

Perverse Subsidies and Extractive Industries

(Image Source: National Geographic) Internalizing Environmental Costs and Promoting Sustainable Development in Suriname and Guyana Clinic: uOttawa-Queen's Joint Clinic, Spring 2017 Beneficiary: Conservation International Executive Summary Read and download the full report here. Suriname and Guyana host some of the most pristine rainforests in the world and are rich in biodiversity. Both countries are covered to over 75 percent in rainforest, which is home to thousands of diff

Canada - Certain Measures Affecting the Renewable Energy Generation Section (DS412)

Canada - Certain Measures Affecting the Renewable Energy Generation Section (DS412)

Introduction 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 Procedures Governing the Settlement of Disputes (‘DSU’), a Panel can ‘seek information and technical advice

Pacific Agreement on Closer Economic Relations (PACER) Plus Negotiations

This memorandum provides guidance on the type of dispute settlement mechanism that best serves the interests of the Pacific Island Countries (“PICs”) in the PACER Plus negotiations. This mechanism must be efficient, cost-effective, and inspire confidence in potential investors. We are cognizant of the need for a dispute settlement mechanism that does not involve binding procedures that could result in burdensome monetary damages imposed on the PICs. Accordingly, we recommend

Questions of Compatibility with WTO Law of Trade Measures Under a New Climate Change Protocol

Questions of Compatibility with WTO Law of Trade Measures Under a New Climate Change Protocol

This memorandum addresses two questions. The first is, based on the provisions of the agreement reached at the Copenhagen summit, what would be the legal implications under WTO law, if a signatory state imposes trade measures to persuade a non-signatory state to adhere to the agreement. The second question asks what are the legal consequences under WTO law if a climate change protocol requires signatory states to impose trade measures against other signatory states in cases o

RTA Choice-of-forum-clause as a Procedural Defense before the WTO Dispute Settlement

RTA Choice-of-forum-clause as a Procedural Defense before the WTO Dispute Settlement

Memorandum to Mr. Jorge A. Huerta Goldman, Permanent Mission of Mexico to the WTO Clinic: Graduate Institute, Spring 2010 Beneficiary: Permanent Mission of Mexico to the WTO Executive Summary The full report can be read here. This memorandum addresses the question of whether and how the panel or the Appellate Body (hereinafter, the “Panel”) in US — Tuna II could address a possible defense of the United States based on Article 2005.4 of the NAFTA.1 According to Article 2005.4

Dispute Settlement Mechanisms in Free Trade Agreements

Dispute Settlement Mechanisms in Free Trade Agreements

As the world economy becomes more integrated, more complex Free Trade Agreements (FTAs) have emerged. A FTA is an arrangement in which states agree to give each other mutual preferential treatment, with regard to the trade of goods and services originating in their territories, by reducing tariff barriers and other trade restrictions. Most contemporary FTAs include goods and/or services, and often cover questions regarding investment, government procurement and competition. D

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