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2 results

  • 7 - The Optimal Respondent

  • from Part II - Functional International Responsibility
  • Emilija Leinarte, University of Cambridge
  • Book:
    Functional Responsibility of International Organisations
    Published online:
    09 December 2021
    Print publication:
    16 December 2021, pp 160-193

  • Summary

    The aim of Chapter 7 is to explain the patterns identified in Chapter 6. In particular, it looks into the characteristics of the WTO and the ECT treaty regimes to explain why the EU is the optimal respondent in trade disputes, whereas Member States are exclusive respondents in investment arbitration.

  • 5 - How the WTO Constructed Inuit and Indigenous Identity in EC-Seal Products

  • from Part I - Indigenous Peoples and International Trade and Investment
  • Edited by John Borrows, University of Victoria, British Columbia, Risa Schwartz
  • Book:
    Indigenous Peoples and International Trade
    Published online:
    11 June 2020
    Print publication:
    18 June 2020, pp 109-130

  • Summary

    Chapter 5 brings the reader to the far north to examine the importance of self-determination for Inuit in trading disputes on seals and seal products. Michael Fakhri and Madeleine Redfern focus on how the Appellate Body of the World Trade Organization used trade law to construct an Indigenous exemption including a European-imposed determination of Indigenous identity for the purpose of trade in a manner that limits Inuit political and economic options and works against their rights. This chapter emphasizes the importance of Indigenous people continuing to assert their sovereign power and claims for self-determination not just through international law but, more specifically, through international trade law.