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The evolution and current status of De Facto Stare Decisis in international trade and investment tribunals: how to understand the present by looking into the past

Is there a doctrine of 'stare decisis' in international trade and international investment law? From a positive law perspective, the answer is a definite no. However, as many scholars have observed, in practice, there has been a strong level of deference from the Appellate Body to its previous rulings, but less so from investment tribunals. Using social network analysis to assess…

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/ 18/10/2019

The rise of G20 emerging economies

The dynamism of emerging economies in recent years has sparked an impressive shift in economic power and in growth expectations from West to East and from North to South. The rise of new players has made the increasingly integrated and multipolar world even more complex. It has also posed many questions in regard to the existing model of global governance, including the WTO Dispute…

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/ 10/05/2019

How preferential is world trade?

We calculate how much of world trade is preferential, and at which margin. We are using a detailed dataset based on tariff-line import and tariff data of the 20 largest importers, covering almost 90% of world imports in 2008. We show that while around 50% of world trade is between countries that apply preferences to each other and could therefore be considered “preferential”, only 16…

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/ 22/03/2019

Embracing free trade agreements, Korean style: from developmental mercantilism to developmental liberalism

This study analyzes how and to what extent South Korea has embedded developmental liberalism into its FTA initiative, departing from its traditional focus on developmental mercantilism. In the wake of the global economic crisis of 2008-10 and the subsequent expansion of government interventionism across the world, the developmental state model has attracted renewed scholarly…

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/ 22/03/2019

Design by diffusion: the level of legalism in dispute settlement mechanisms in preferential trade agreements

How do states design dispute settlement mechanisms in preferential trade agreements? And why do they choose the design features they eventually decide upon? This study proposes to test established theories of institutional design with a new dataset, and explores the possibility of an alternative explanation: institutionalist theory considers acts of design to be unique and…

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/ 22/03/2019

Soft vs hard governance for labour and environmental commitments in trade agreements: comparing the US and EU approaches

Three methodologies are used to enforce labour and environmental commitments in the US and EU trade agreements: cooperative, sanctions and composite. In-depth analysis of the scope of commitments, level of protection, institutional framework as well as types of informal and formal dispute processes elucidates the pros and cons of such methodologies. Sanctions approach weakens…

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/ 19/03/2019

Gender-inclusive governance for e-commerce

United Nations' 2030 Sustainable Development Goals' SDG 5 places gender equality front and centre for sustainable development. The Joint Declaration on Trade and Women's Economic Empowerment on the Occasion of the WTO Ministerial Conference in Buenos Aires in December 2017 brings gender equality to the forefront of trade policy. In the intersection of trade policy and digital…

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/ 17/01/2019

Global value chains and technology transfer: new evidence from developing countries

This paper uses the World Bank's Enterprise Surveys as a sample of 18 developing and emerging economies to investigate the causal relationship between global value chains and the transfer of technology to manufacturing firms in developing nations. It focuses on one specific channel for technology transfer, namely the licensing of foreign technology. By using a propensity score…

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/ 17/01/2019

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