By Henrik Horn, Petros C. Mavroidis
The yank legislations Institute venture on WTO legislation undertakes every year research of the case legislations from the adjudicating our bodies of the WTO. newshounds' reports for 2001 disguise quite a lot of WTO legislation instances, whose assurance levels from vintage alternate in items concerns to highbrow estate security. every one case is evaluated together via an economist and a legal professional. stories don't disguise all matters mentioned in a case, yet search to isolate the procedural and sizeable components that shape the "core" of the dispute.
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Additional info for The WTO Case Law of 2001: The American Law Institute Reporters' Studies (The American Law Institute Reporters Studies on WTO Law)
Note however, that the problem here is “only” one of empirically estimating the competitive relationship in the market. In particular, we have not questioned the basic premise that the competitive relationship – “the marketplace” – determines the degree of likeness. Hence, this is not an argument against the conceptual basis of the likeness definition, but about the possibility to use for instance standard econometrics to assess the competitive relationship. 22 henrik horn and joseph h. h. 2 GATT provides two replies to the which question: the discipline of national treatment applies to “like products” simpliciter as well as products which are in “direct competition or are substitutable” even if not “like” in a narrow sense.
The end-use criterion is difficult to evaluate since it is not clear to what extent there is overlap in the use between asbestos-containing products and substitute products. (138) 5. The consumers’ habits and tastes criterion is also hard to employ, since no evidence is presented by Canada on this point. (139) However, the fact that the differences between products in riskiness are well known, combined with the economic incentives of buyers to take into account ec – asbestos 37 final consumers’ aversion to dangerous products (122), suggest that products would indeed be found to be unlike from the buyers’ point of view, if this analysis were to be performed.
4 GATT speaks of “like” products. 2 GATT 5 Tantalizingly, the ad to Article III speaks of direct competition or substitutability. Could there be a situation where substitutable products would not be in competition with each other? A high degree of functional substitutability between two products should naturally contribute to a competitive relationship in the market. But, the competitive relationship is determined by the interaction of the demand and the supply side. Therefore, if firms are constrained in their capacity to increase production, there is not a very competitive relationship in the market, despite the fact that products are highly substitutable on the demand side.