Given the sharp rise in crude oil prices and growing awareness of climate change, the potential of biofuels, particularly of bioethanol, has become an ubiquitous topic of public debate and has induced ambitious policy initiatives. The latter are mostly paired with protectionist measures as the examples of the European Union and the United States show, where domestic producers of energy crops are put at an advantage thanks to subsidisation, direct payments and/or favourable tax schemes. Moreover, the EU is working out a mandatory certification scheme for ethanol imports, imposing social and environmental standards which constitute another hurdle for more efficiently produced ethanol originating in the Southern hemisphere. A similar path is taken by Switzerland's revised mineral oil tax l...
... ethanol duty-free to the United States, meaning that ethanol produced from at least 50% local feed... cut and have to await respective jurisprudence of the Appellate Body (notably certification schem...
The European Community represents one of the primary destinations for Indian goods, accounting for one fifth of Indian exports. Indian goods have been at the receiving end of a significant majority of anti subsidy investigations initiated by the European Commission. Such goods have been alleged to be benefiting from subsidies inconsistent with Council Regulation 2026/97 which forms the legal basis for anti subsidy investigations initiated by the Commission. The paper puts forth an analysis of India's export incentive schemes including old schemes already subjected to challenge as well as new schemes vulnerable to challenge in future investigations with regard to the Council Regulation 2026/97 and the WTO Agreement on Subsidies and Countervailing Measures.
... that of the subsidies agreement the jurisprudence of the WTO Dispute Settlement Body gives an invalu... the DEPB constitutes a subsidy within the meaning of article 2(1) (a) (ii) and article 2(2) of the b...
... state adjudicating authorities within the meaning of the human rights instruments. It is, however, t... 2 See e.g., Besson, Chronique de jurisprudence étrangère, Revue de l'arbitrage 2005, p. 1071 at...
The Panel report in EC-Biotech, for the time being, puts an end to one of the most complex cases in the history of WTO dispute settlement. The analysis at hand covers the issues relevant beyond the realms of biotechnology, namely the impact of non-WTO rules of public international law on the interpretation of WTO law. the scope of the SPS Agreement, the categories "undue delay" and "insufficient scientific evidence" in connection with precautionary measures, and product-origin as a criterion for the national-treatment obligation. On the one hand, some of the criticism raised against the Panel report turns out to be unjustified. It is, on the other hand, a deficiency of the Panel report that some parts of it do not foster legal clarity.
... between June 1999 and August 2003 meaning that because of the moratorium no approvals were g... by Article 5.1 and specified in WTO jurisprudence. For each argument and study brought forward by th...
... 28 Voir aussi Theodor Meron, «The Meaning and Reach of the International Convention on the E... 313 s.) et comme cela ressort de la jurisprudence actuelle, la désignation et l'existence d'une aut...
...In accordance with the jurisprudence of the Swiss Federal Tribunal, 1 the TB has applie... be considered a Swiss company within the meaning of the SESTA. As a general rule, whether a company...
The admittance of amicus curiae briefs in the US-Shrimp/Turtle dispute in 1998 stirred a debate among WTO Member States whether the dispute settlement procedure should be accessible for private individuals and entities. Developing countries firmly opposed the inclusion of amid curiae into the Disupute Settlement Understanding (DSU) and repeated their arguments frequently in cases leading to amicus submissions, fearing a further shift of power in favour of developed countries and changes in the nature of the dispute settlement system. The present article examines these concerns in light of the experience made with amicus submissions in 21 disputes. It will be argued that most of the fears expressed by developing countries are ungrounded and often base on wrong assumptions.
... parties, as it was created by the jurisprudence: while NGOs could file their briefs without meetin... regarding the procedural questions, meaning the admittance of amicus briefs, and the legal int...
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