4 April 2022

Two Steps Forward, Three Steps Back: GATT Article III:4 and proposals for reform

In 2020, the United States Trade Representative released a report on the WTO Appellate Body in which it criticised the Appellate Body’s approach to the non-discrimination standard under GATT Article III:4. The WTO dispute settlement bodies employ a two-step market based test. In its current form, the two-step model allegedly fails to strike an appropriate […]

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Are Smart Contracts Smart Enough? An Analysis through, and of, Good Faith and Freedom of Contract

ABSTRACT Contract law is rapidly evolving in synergy with new technologies. Concurrently, age-old debates remain unsolved: the desire to infuse an overt doctrine of good faith continues to clash with the English common law ethos of individualism and freedom of contract. Among contract law’s most recent and consequential developments, smart contracts may be viewed as

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