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FTA dispute settlement mechanisms – alternative fora for trade disputes: the case of CETA and EUJEPA

Furculita, Cornelia (2020) FTA dispute settlement mechanisms – alternative fora for trade disputes: the case of CETA and EUJEPA. Working Paper. University of Birmingham.

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URL of Published Version: https://link.springer.com/chapter/10.1007/978-3-030-34588-4_5

Abstract

This paper investigates whether in the context of the Appellate Body crisis and the more developed FTA norms, the dispute settlement mechanisms contained in EU FTAs, particularly CETA and EUJEPA, could emerge as attractive alternative fora for solving trade disputes. The paper will analyze potential substantive and procedural aspects that would shape the answer to the posed question. It will argue that CETA and EUJEPA dispute settlement mechanisms could become partial attractive bilateral alternatives to solve trade disputes between the parties. However, it will also show that there are certain aspects that will act against these mechanisms.

Type of Work:Monograph (Working Paper)
School/Faculty:Colleges (2008 onwards) > College of Arts & Law
Department:Birmingham Law School, Institute of European Law
Date:12 June 2020
Series/Collection Name:IEL Working Papers
Subjects:K Law > K Law (General)
Copyright Status:This material is copyright of the author and/or third parties. The intellectual property rights in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this material must be in accordance with that legislation and must be properly acknowledged.
Copyright Holders:© The Author
ID Code:3289

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