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Appellate Body

The WTO's Appellate Body: Legal Formalism as a Legitimation of Global Governance

The WTO's Appellate Body: Legal Formalism as a Legitimation of Global Governance

... authorities were accorded the degree of deference in anti-dumping cases suggested by article 17.6, there could be pressures to interpret the other exceptions equally broadly. Such a more deferential or permissive ...

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The Seduction of the Appellate Body: Shrimp/Sea Turtle I and II and the Proper Role of States in WTO Governance

The Seduction of the Appellate Body: Shrimp/Sea Turtle I and II and the Proper Role of States in WTO Governance

... Rather than use the textual approach of the Vienna Convention on the Law of Treaties 2 8 or attempt to determine what Member states intended in negotiating the GATT agree[r] ...

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Access to minerals : WTO export restrictions and climate change considerations

Access to minerals : WTO export restrictions and climate change considerations

... the Appellate Body in China—Rare Earths gave explicit recognition to the principle that States have permanent sovereignty over their natural resources and that export restrictions may be one way in which to ...

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Access to minerals : WTO export restrictions and climate change considerations

Access to minerals : WTO export restrictions and climate change considerations

... the Appellate Body in China—Rare Earths gave explicit recognition to the principle that States have permanent sovereignty over their natural resources and that export restrictions may be one way in which to ...

21

Institutionalized Fact Finding at the WTO

Institutionalized Fact Finding at the WTO

... the Appellate Body stated that: “If … any party believes that all the pertinent facts relating to a claim are, for any reason, not before the panel, then that party should ask the panel in that case to ...

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Seattle and Beyond: The WTO Millennium Round

Seattle and Beyond: The WTO Millennium Round

... Agreement on Agriculture Appellate Body Africa, Caribbean and Pacific Asia-Pacific Economic Co-operation Forum Association of South East Asian Nations Agreement on Textiles and Clothing [r] ...

173

Understanding the social and environmental aspects of the World Trade Organisation dispute settlement procedure: where are we heading?

Understanding the social and environmental aspects of the World Trade Organisation dispute settlement procedure: where are we heading?

... This paper will show how recent WTO Dispute Panel and Appellate Body Rulings on various trade disputes (Gasoline, shrimps, Asbestos and Hormones) conflict with environmental and health i[r] ...

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Natural resources and global value chains: What role for the WTO?

Natural resources and global value chains: What role for the WTO?

... the Appellate Body seemed willing to sanction was a food shortage, rather a general concern that a state rich in minerals may wish to slow their extraction on sustainability grounds (China-Raw Materials: ...

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The WTO Dispute Settlement as Seen by a Proceduralist

The WTO Dispute Settlement as Seen by a Proceduralist

... 5 8 Thus, the panel and Appellate Body proceedings, Article 25 arbitration, and these types of ancillary arbitrations constitute the universe of the WTO dispute sett[r] ...

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Reinventing FCC Adjudication

Reinventing FCC Adjudication

... Since many disputes are adjudicated by the Commission without ever going to hearing, a formal record of filings by the parties with whatever officer or appellate body [r] ...

9

Domestic Regulation, Sovereignty, and Scientific Evidence Requirements: A Pessimistic View

Domestic Regulation, Sovereignty, and Scientific Evidence Requirements: A Pessimistic View

... With particular regard to the scientific evidence requirements of the WTO Agreement on Sanitary and Phytosanitary Measures, the WTO Appellate Body has embarked on a co[r] ...

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Implementation and Cost Effectiveness of Computerized Legal Research - Lexis and Westlaw Compared, 1 Computer L.J. 359 (1978)

Implementation and Cost Effectiveness of Computerized Legal Research - Lexis and Westlaw Compared, 1 Computer L.J. 359 (1978)

... Courts of Appeal, as reported in California Appellate Reports, Second and Third Series (1955-present). Appellate Departments of Superior Court, as reported in California [r] ...

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Federal Rules of Appellate Procedure

Federal Rules of Appellate Procedure

... the Appellate Rules Committee's meeting, the language adopted by the advisory committee was circulated to Professor Kimble for style ...the Appellate Rules Committee's goal of listing the required ...

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A Prescription for the Appellate Caseload Explosion

A Prescription for the Appellate Caseload Explosion

... The court, exercising its constitu- tionally established rulemaking authority, proceeded to authorize its intermediate district courts of appeal to sit en banc, although [r] ...

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Appellate Practice and Procedure

Appellate Practice and Procedure

... Appellate Practice and Procedure SMU Law Review Volume 54 Issue 3 Annual Survey of Texas Law Article 3 2001 Appellate Practice and Procedure Alan Wright LaDawn H Conway Debra J McComas Heather D Baile[.] ...

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Appellate Practice and Procedure

Appellate Practice and Procedure

... Appellate Practice and Procedure SMU Law Review Volume 61 Issue 3 Annual Survey of Texas Law Article 4 2008 Appellate Practice and Procedure LaDawn H Conway Devon D Sharp Follow this and additional wo[.] ...

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Appellate Practice and Procedure

Appellate Practice and Procedure

... Appellate Practice and Procedure SMU Law Review Volume 59 Issue 3 Annual Survey of Texas Law Article 3 2006 Appellate Practice and Procedure LaDawn H Conway Holly M Church Follow this and additional w[.] ...

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Appellate Practice and Procedure

Appellate Practice and Procedure

... Appellate Practice and Procedure SMU Law Review Volume 58 Issue 3 Annual Survey of Texas Law Article 3 2005 Appellate Practice and Procedure Alan Wright LaDawn H Conway Debra J McComas Kendyl Hanks Da[.] ...

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Appellate Practice and Procedure

Appellate Practice and Procedure

... Appellate Practice and Procedure SMU Law Review Volume 57 Issue 3 Annual Survey of Texas Law Article 3 2004 Appellate Practice and Procedure Alan Wright Debra J McComas LaDawn H Conway Heather D Baile[.] ...

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Appellate Practice and Procedure

Appellate Practice and Procedure

... Appellate Practice and Procedure SMU Law Review Volume 56 Issue 3 Annual Survey of Texas Law Article 3 2003 Appellate Practice and Procedure Alan Wright LaDawn H Conway Debra J McComas Heather D Baile[.] ...

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