Academic literature on the topic 'WTO caselaw'
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Journal articles on the topic "WTO caselaw"
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Hrbatá, Veronika. "No International Organization is an Island . . . the WTO’s Relationship with the WIPO: A Model for the Governance of Trade Linkage Areas?" Journal of World Trade 44, Issue 1 (February 1, 2010): 1–47. http://dx.doi.org/10.54648/trad2010001.
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Trade has fuzzy boundaries where it overlaps with many different fields – be it the environment, intellectual property, or other. The World Trade Organization (WTO) is thus required to interact with other international institutions in order to come to an arrangement for dealing with these ‘trade and ?’ linkage areas. The relationship between the WTO and the World Intellectual Property Organization (WIPO) could in many respects serve as a model. The picture that emerges when the various forms of interaction of the two organizations are assessed is that they benefit most from complementarity. Thus, for example, the WIPO offers detailed intellectual property rules, whilst the WTO supplements this with effective dispute settlement. This advantage may largely be due to the fact that the WTO has incorporated many of the WIPO rules into its own law. One of the recommendations put forward here is for other ‘trade and ?’ spheres to do the same. On the other hand, the analysis highlights a number of problems that occur when two institutions cross paths. One such difficulty is a potential conflict of law. To help to resolve it, the WTO dispute settlement system should give greater consideration to the provisions of non-WTO law. Some hope for this is given in the US-Copyright case, but it is questioned whether this still holds in view of more recent caselaw. The interplay between the WTO and the WIPO thus forms the basis for a number of recommendations for better governance of trade linkage areas.
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Flowers, Zachary. "The Role of Precedent and Stare Decisis in the World Trade Organization's Dispute Settlement Body." International Journal of Legal Information 47, no. 02 (2019): 90–104. http://dx.doi.org/10.1017/jli.2019.21.
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AbstractThe World Trade Organization was established in 1995 and brought together countries from around the world for the purpose of fairly regulating the trade of goods, services, and intellectual property between its member states. While treaties and other trade agreements have existed between countries for hundreds of years, the WTO's most significant innovation is its dispute settlement process through the Dispute Settlement Body. Countries agree to be bound to the decisions of the DSB upon their admittance into the WTO. The DSB is a two-tiered adjudicative system consisting of the lower panels and the higher Appellate Body.The United States, under both the Obama and Trump administrations, has blocked the appointment of AB judges. This tactic has limited the number of active judges to three. The AB normally has seven members. The United States has listed a number of reasons for their boycott of the system, among them is that the AB is functioning as if its reports are to be binding precedent on the lower panel and to future DSB cases, in a manner similar to stare decisis. This issue has been observed over the years and there is conflict between interpretations of precedent under Article 3:2 of the Dispute Settlement Understanding and Article IX:2 of the WTO Agreement. Caselaw of the DSB from over the years has also raised interesting questions and the appearance of the use of precedent.This article will be examining the historical fundamentals and use of precedent and the doctrine of stare decisis. It will then turn into an examination of the institutional and regulatory framework of the WTO, particularly Article 3:2 of the DSU and Article IX:2 of the WTO Agreement, and whether it allows or leaves room for a system of binding precedent. Finally, jurisprudence of the DSB will be surveyed for evidence of this system. Reports that will be examined are Japan-Alcoholic Beverages, India-Patents, India-Autos, and Australia-Plain Packaging Tobacco.
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BOWN, CHAD P., and PETROS C. MAVROIDIS. "WTO Case Law of 2014: A Busy Year." World Trade Review 15, no. 2 (January 27, 2016): 183–87. http://dx.doi.org/10.1017/s147474561500066x.
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The WTO adjudicating bodies were busy in 2014, as they issued 22 reports, a net increase of 15 reports when compared to 2013. In fact, the WTO was forced to hire additional staff to work on disputes, since the caseload overwhelmed the existing limited administrative capacity dedicated to dispute settlement.
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Pauwelyn, Joost, and Weiwei Zhang. "Busier than Ever? A Data-Driven Assessment and Forecast of WTO Caseload." Journal of International Economic Law 21, no. 3 (August 30, 2018): 461–87. http://dx.doi.org/10.1093/jiel/jgy035.
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Chen, Chao-Hung, Yi-Hua Chen, Hsiu-Chen Lin, and Herng-Ching Lin. "Association Between Physician Caseload and Patient Outcome for Sepsis Treatment." Infection Control & Hospital Epidemiology 30, no. 6 (June 2009): 556–62. http://dx.doi.org/10.1086/597509.
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Objective.The purpose of this study was to investigate whether physicians with larger sepsis caseloads provide better outcomes, defined as lower in-hospital mortality rates, for patients with sepsis.Design.Retrospective cross-sectional study.Method.This study used pooled data from the 2002-2004 Taiwan National Health Insurance Research Database. A total of 48,336 patients hospitalized with a principal diagnosis of septicemia were selected and assigned to 1 of 4 caseload groups on the basis of their treating physician's sepsis caseload during the 3 years reflected in the pooled data (low caseload, less than 39 cases; medium caseload, 39–88 cases; high caseload, 89–176 cases; and very high caseload, more than 176 cases). Generalized estimating equation models were used for analysis.Results.Receipt of treatment from physicians in the very high, high, and medium caseload groups decreased patients' odds of inhospital mortality by 49% (95% confidence interval [CI], 0.41-0.67; P < .001 ), 40% (95% CI, 0.53-0.68; P < .001 ), and 18% (95% CI, 0.73-0.92; P < .001), respectively, compared with the odds for patients treated by low-caseload physicians. These findings persisted after partitioning out systematic physician-specific and hospital-specific variation and isolating the effects of most hospital, physician, and patient confounders.Conclusion.Patients treated by physicians who had a larger sepsis caseload had a substantially lower in-hospital mortality rate than did patients treated by physicians in the other caseload groups, and the difference was statistically significant. This result supports the “practice makes perfect” hypothesis.
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Imran, Nadia, and Omair Niaz. "Suicides in Barnsley – an IHBTT project." BJPsych Open 7, S1 (June 2021): S327. http://dx.doi.org/10.1192/bjo.2021.860.
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AimsWe wanted to see whether an increase in IHBTT(Intensive Home based treatment team) case load correlated with the recent increase in suicides. We also wanted to investigate the common factors between patients who died by suicide.BackgroundThis was a study completed by IHBTT in Barnsley (South Yorkshire), looking into recent suicides with the caseload from April 2009 to November 2019. There were a total of six suicides.MethodWe Calculated mean IHBTT caseload size from November 2008 to November 2019 . There were 6 suicides in this period. We plotted this against caseload, investigating if increase in caseload correlated with these. We also analysed the common themes and trends associates with these patients who died by suicide. We compared the trends we found locally against a National Survey. (National Confidential Inquiry into Suicide and Safety in Mental Health; Annual Report: England, Northern Ireland, Scotland, Wales October 2018 University of Manchester).ResultWe found that four out of six suicides occurred during periods of high activity.. Common themes we found around patients who had died by suicide included middle aged men who lived alone, with a diagnosis of adjustment disorder, recent financial stress and relationship breakdown, upcoming court case, abusing drugs or alcohol. This does compare somewhat to national trends, however alcohol and drug misuse, upcoming court case and financial stressors and relationship breakdown are higher in our patients who died by suicide compared to nationally.ConclusionWe acknowledge the small sample size and hence the need to take results cautiously. However there is a clear increase in suicides as caseload increases, we hypothesised this was due to the same levels of staff despite increase in caseload. We were also able to conclude the factors our patients who died by suicide had in common locally, and how this compared to national data. We wondered if this could be used to guide resource allocation, i.e. interventions to help patient manage their finances, accommodation and substance misuse. Consideration may need to be given to reviewing IHBTT staffing levels, given the significant decrease in inpatient bed numbers.
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Harrison, Melody, Thomas A. Page, Jacob Oleson, Meredith Spratford, Lauren Unflat Berry, Barbara Peterson, Anne Welhaven, Richard M. Arenas, and Mary Pat Moeller. "Factors Affecting Early Services for Children Who Are Hard of Hearing." Language, Speech, and Hearing Services in Schools 47, no. 1 (January 2016): 16–30. http://dx.doi.org/10.1044/2015_lshss-14-0078.
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PurposeTo describe factors affecting early intervention (EI) for children who are hard of hearing, we analyzed (a) service setting(s) and the relationship of setting to families' frequency of participation, and (b) provider preparation, caseload composition, and experience in relation to comfort with skills that support spoken language for children who are deaf and hard of hearing (CDHH).MethodParticipants included 122 EI professionals who completed an online questionnaire annually and 131 parents who participated in annual telephone interviews.ResultsMost families received EI in the home. Family participation in this setting was significantly higher than in services provided elsewhere. EI professionals were primarily teachers of CDHH or speech-language pathologists. Caseload composition was correlated moderately to strongly with most provider comfort levels. Level of preparation to support spoken language weakly to moderately correlated with provider comfort with 18 specific skills.ConclusionsResults suggest family involvement is highest when EI is home-based, which supports the need for EI in the home whenever possible. Access to hands-on experience with this population, reflected in a high percentage of CDHH on providers' current caseloads, contributed to professional comfort. Specialized preparation made a modest contribution to comfort level.
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Hasson, Natalie, Bernard Camilleri, Caroline Jones, Jodie Smith, and Barbara Dodd. "Discriminating disorder from difference using dynamic assessment with bilingual children." Child Language Teaching and Therapy 29, no. 1 (December 24, 2012): 57–75. http://dx.doi.org/10.1177/0265659012459526.
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The DAPPLE (Dynamic Assessment of Preschoolers’ Proficiency in Learning English) is currently being developed in response to a clinical need. Children exposed to English as an additional language may be referred to speech and language therapy because their proficiency in English is not the same as their monolingual peers. Some, but not all, of these children are likely to have a core language learning difficulty. Clinicians need to be able to distinguish disorder from difference due to a child’s language learning context. The assessment used a test–teach–test format to examine children’s ability to learn vocabulary, sentence structure and phonology. The assessment, which takes less than 60 minutes to administer, was given to 26 children who were bilingual: 12 currently on a speech and language therapy caseload and 14 children matched for age and socio-economic status who had never been referred to speech and language therapy. The DAPPLE data clearly discriminated the two groups. The caseload group required a greater amount of prompting to identify targeted words in the receptive vocabulary assessment and performed less well in the post-teaching expressive component. For sentence structure, the caseload group required more cues to acquire the targeted clause elements in the teaching phase. The caseload group made more phoneme errors at the initial and final assessments than the controls, and the type of errors made differed. Teaching resulted in greater positive change in percent phonemes correct for the caseload participants. Qualitative analyses of individual children’s performance on the DAPPLE suggested that it has the potential to discriminate core language deficits from difference due to a bilingual language learning context. Future directions for development of the test are considered.
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Hadebe, Ruth, Paul T. Seed, Diana Essien, Kyle Headen, Saheel Mahmud, Salwa Owasil, Cristina Fernandez Turienzo, et al. "Can birth outcome inequality be reduced using targeted caseload midwifery in a deprived diverse inner city population? A retrospective cohort study, London, UK." BMJ Open 11, no. 11 (November 2021): e049991. http://dx.doi.org/10.1136/bmjopen-2021-049991.
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Objectives(1) To report maternal and newborn outcomes of pregnant women in areas of social deprivation in inner city London. (2) To compare the effect of caseload midwifery with standard care on maternal and newborn outcomes in this cohort of women.DesignRetrospective observational cohort study.SettingFour council wards (electoral districts) in inner city London, where over 90% of residents are in the two most deprived quintiles of the English Index of Multiple Deprivation (IMD) (2019) and the population is ethnically diverse.ParticipantsAll women booked for antenatal care under Guys and St Thomas’ National Health Service Foundation Trust after 11 July 2018 (when the Lambeth Early Action Partnership (LEAP*) caseload midwifery team was implemented) until data collection 18 June 2020. This included 523 pregnancies in the LEAP area, of which 230 were allocated to caseload midwifery, and 8430 pregnancies from other areas.Main outcome measuresTo explore if targeted caseload midwifery (known to reduce preterm birth) will improve important measurable outcomes (preterm birth, mode of birth and newborn outcomes).ResultsThere was a significant reduction in preterm birth rate in women allocated to caseload midwifery, when compared with those who received traditional midwifery care (5.1% vs 11.2%; risk ratio: 0.41; p=0.02; 95% CI 0.18 to 0.86; number needed to treat: 11.9). Caesarean section births were significantly reduced in women allocated to caseload midwifery care, when compared with traditional midwifery care (24.3% vs 38.0%; risk ratio: 0.64: p=0.01; 95% CI 0.47 to 0.90; number needed to treat: 7.4) including emergency caesarean deliveries (15.2% vs 22.5%; risk ratio: 0.59; p=0.03; 95% CI 0.38 to 0.94; number needed to treat: 10) without increase in neonatal unit admission or stillbirth.ConclusionThis study shows that a model of caseload midwifery care implemented in an inner city deprived community improves outcome by significantly reducing preterm birth and birth by caesarean section when compared with traditional care. This data trend suggests that when applied to targeted groups (women in higher IMD quintile and women of diverse ethnicity) that the impact of intervention is greater.
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Mabry-Price, Lisa. "School Matters: Kids Don't Have Strokes—Do They?" ASHA Leader 18, no. 9 (September 2013): 34–35. http://dx.doi.org/10.1044/leader.scm.18092013.34.
Full textDissertations / Theses on the topic "WTO caselaw"
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TURRINI, PAOLO. "L'interpretazione evolutiva nella giurisprudenza internazionale." Doctoral thesis, 2013. http://hdl.handle.net/2158/826147.
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La tesi analizza la nozione di interpretazione evolutiva dapprima da un punto di vista teorico, e in un secondo momento calandola all'interno di due contesti giurisdizionali tra loro differenti (quello della Corte europea dei diritti dell'uomo e quello dell'Organizzazione mondiale del commercio)
The dissertation analyses the concept of evolutive interpretation, at first from a theoretical point of view, and then situating it in two different jurisdictional contexts (those of the European Court of human rights and the World Trade Organization)
Book chapters on the topic "WTO caselaw"
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Easterbrooks, Susan R. "The Role of Asking and Answering Questions in Language Acquisition." In Language Learning in Children Who Are Deaf and Hard of Hearing, 207–45. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197524886.003.0007.
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This chapter challenges teachers to change their focus from eliciting answers from children to helping them learn how to ask questions themselves. Some children who are deaf or hard of hearing, including those in higher grades, struggle with the idea of asking a question. How does one answer a question if one does not know how to ask one? This chapter examines the purposes for asking questions, why questions are difficult to learn, which questions to teach first, and how question asking and answering should be taught. It also explores how detrimental poor questioning skills are for older deaf or hard-of-hearing learners, provides tools for enhancing question asking in conversation, and discusses conversational repair strategies. The chapter ends with a list of takeaways" for teachers as well as questions for caseload application.
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Greenhouse, Linda. "4. The chief justice." In The U.S. Supreme Court: A Very Short Introduction, 41–52. Oxford University Press, 2020. http://dx.doi.org/10.1093/actrade/9780190079819.003.0004.
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The chief justice is not mentioned in the judicial article of the Constitution (Article III), but “The chief justice” demonstrates how the role has grown in importance over time. It is a multifaceted role, like that of a chief executive of a company. A traditional legal background is not necessarily the best preparation. Some chief justices believed that casting one of the nine votes in a case is still one of their most useful functions. It was a chief justice, William Howard Taft, who decided that the Supreme Court’s caseload should be decided on a discretionary basis, putting the Court in a position to dictate America’s legal agenda.
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Naômé, Caroline. "Appraisal of the Current Situation and Future Prospects." In Appeals Before the Court of Justice of the European Union. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198826255.003.0012.
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This chapter describes the characteristics of the ECJ appeal system, distinguishing it from comparable judicial remedies in national legal systems. One distinguishing feature is that it is a new remedy, created with a few rules that were not always clear. Lawyers working for the Court or pleading before it are not specialised in appeals and are influenced by national laws. Referral of a case back to the same judges as those who decided the quashed judgment is a possibility absent in many national systems. Judgments of the EU Courts have a specific style and content. The interpretation of EU law seems sometimes more important than a limited resolution of a dispute. The second section recalls the objectives underlying the creation of the Court of First Instance (General Court/GCEU) and assesses whether those objectives have been met as regards the ECJ’s caseload and the judicial protection of individuals.
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"The ABCs of Social-Emotional Learning." In Advances in Early Childhood and K-12 Education, 1–18. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-4102-9.ch001.
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Recent polls report a trend that school violence is steadily continuing in middle and high schools. Concurrently, schools are filled with students who cannot function academically and socially due to challenging home lives. Recognizing that social and emotional development in young adolescents is essential to academic success, educators are learning how to address these issues through social-emotional learning (SEL). The Collaborative for Academic, Social, and Emotional Learning, or CASEL, outlines components of SEL that children and youth need to understand and manage their own emotions, set and achieve positive goals, feel and show empathy toward others, establish and maintain positive relationships, and make responsible life decisions. Findings note that schools that employ SEL have better academic performance as well as fewer disciplinary incidents.
Conference papers on the topic "WTO caselaw"
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Abe, T., T. Terao, Y. Nakayama, Y. Kato, M. Kazama, and I. Takahashi. "HEMOPHILIAC MENINGITIS WITH PARTICULAR MANIFESTATION AND HIV ANTIBODIY IN SPINAL FLUID." In XIth International Congress on Thrombosis and Haemostasis. Schattauer GmbH, 1987. http://dx.doi.org/10.1055/s-0038-1644139.
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A 25-year-old patient with hemophilia A, who had had thrombocytopenia since 1985, was admitted to a hospital in August 1986 because of headache and slight disturbance of consciousness. Diagnosis of cerebral bleeding was made based on brain CT scan. Lymphadanopathy was noted then, and after relief of the symptoms S. aureus sepsis developed. Examination of serum for HIV antibody performed at this time gave a positive result. He was transferred to our hospital for evaluation of AIDS-relatedimmunologic disorder. The ratio of T4/T8 was 0.16, but no definitive opportunistic infections were found. Soon later, he developed headache and fever. There were no other neurological signs. Spinal fluid examination revealedlymphocytic pleocytosis without bacilli, fungi or antibodiesto viruses commonly causing encephalomeningitis. However, antibodyto HIV was detected in the spinalfluid. By a supportive care with useof antibacterial agents thesymptoms were alleviated with diminishing of the pleocytosis in spinal fluid. Lentinan, an antitumor polysaccharide, was administered with some effect on his immunologic functions. Three months later, meningitis recurred which wasalsorelieved by a supportive care.HIV is known to cause meningeal and CNS diseases. In this case the presence of HIV antibody in the spinal fluid was interpreted to be due to HIV invasion of nervous system. Furthermore, this casehas some particular feature in consideration of the common pictureof neurological involvements of AIDS, indicating that HIV induced a variety of meningeal and CNS manifestations.