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G. Grossman, P. Mavroidis (2003)
US – Section 110(5) Copyright Act: United States – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would’ve or Should’ve? Impaired Benefits due to Copyright Infringement*World Trade Review, 2
B. Malkawi (2007)
Arbitration and the World Trade Organization—The Forgotten Provisions of Article 25 of the Dispute Settlement UnderstandingJournal of International Arbitration
Joanna Lam (2019)
WTO AB as a Model for Other Adjudicatory Bodies—The Case of EU’s Investment Court SystemThe Appellate Body of the WTO and Its Reform
G. Grossman, P. Mavroidis (2004)
The WTO Case Law of 2001: US – Section 110(5) Copyright Act USt – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would've or Should've? Impaired Benefits due to Copyright Infringement
R. Wolfrum, Peter-Tobias Stoll, K. Kaiser (2006)
WTO : institutions and dispute settlement
Monnier (2002)
Working Procedures Before Panels, the Appellate Body and other Adjudicating Bodies of the WTOThe Law and Practice of International Courts and Tribunals, 1
Jens Lehne (2019)
Crisis at the WTO: Is the Blocking of Appointments to the WTO Appellate Body by the United States Legally Justified?
P. Kuijper (2018)
From the Board: The US Attack on the WTO Appellate BodyLegal Issues of Economic Integration
Chang-fa, Lo (2011)
THE SHRINKING ROLE OF ARTICLE 25 ARBITRATION IN DSU: A PROPER UNDERSTANDING OF "CLEARLY DEFINED" ISSUES TO ENHANCE EFFICIENCY OF WTO DISPUTE SETTLEMENT PROCEDURE, 8
Qingjiang Kong, Shuai Guo (2019)
Towards a Mega-Plurilateral Dispute Settlement Mechanism for the WTO?Journal of World Trade
D. Jacyk (2008)
The Integration of Article 25 Arbitration in WTO Dispute Settlement: The Past, Present and FutureAustralian international law journal, 15
[At midnight of 10 December 2019, the WTO Appellate Body ceased to be operational, as the US has been vetoing since May 2016 the selection of the members of the World Trade Court. The WTO dispute settlement system hence risks paralysis—a scenario occurring in case the losing party of a panel report appeals the latter “into the void,” i.e. before an Appellate Body with less than three judges. In response to this event, the European Union is developing an articulated approach to guarantee a rules-based international trade system and the principle of cooperation as the pillars of the governance of the global economy. One element of the EU approach is an initiative for an interim appeal arbitration procedure based on Article 25 of the DSU. The present work is devoted to the analysis of this contingency measure, which may represent a bridge between the renovation of the existing multilateral dispute settlement system and the innovation of a new two-level international judgment mechanism for settling trade controversies.]
Published: Jun 17, 2020
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